Labour Court Database __________________________________________________________________________________ File Number: CD88248 Case Number: LCR11847 Section / Act: S67 Parties: UNIVERSITY COLLEGE DUBLIN - and - MANUFACTURING, SCIENCE AND FINANCE UNION |
Dispute concerning the proposed transfer of a technician.
Recommendation:
5. The Court accepts the Employer's statement that the proposed
transfer is of a temporary nature and meets the requirement of the
Union/Management Productivity and Efficiency Agreement.
The Court accordingly does not recommend concession of the claim.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD88248 RECOMMENDATION NO. LCR11847
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: UNIVERSITY COLLEGE DUBLIN
and
MANUFACTURING, SCIENCE AND FINANCE UNION
SUBJECT:
1. Dispute concerning the proposed transfer of a technician.
BACKGROUND:
2. The worker concerned has worked as a technician in the
College's Department of Surgery for approximately thirteen years.
In January, 1988, the College informed him that due to changes in
his department his services were no longer required there and it
was proposed to transfer him on a temporary basis to the
Veterinary College. The Union dispute this and claim that the
transfer was to be a permanent one. The worker objected to the
proposal and following the failure of local discussions to resolve
the dispute, it was referred to the conciliation service of the
Labour Court on the 19th February, 1988. No agreement could be
reached at two conciliation conferences, held on the 8th and 21st
March and the issue was referred to the Labour Court for
investigation and recommendation. A Court hearing was held on the
21st April, 1988.
UNION'S ARGUMENTS:
3. 1. The post in the Veterinary College is totally unsuitable
for the claimant. Furthermore two other animal technicians in
the claimant's area will be available from their present
positions and could be used to fill the vacancy.
2. The proposed transfer is in breach of Clause 2 of
College/Union Productivity/Efficiency Agreement. Clause 2
states:
"where it does not already apply, mobility of all
technical staff between departments will be introduced.
Technicians will transfer from one department to another
on a temporary basis. In so far as permanent transfers
would be concerned, these would take place subject to
consultation and agreement. Where it does not already
apply, reasonable flexibility in work undertaken will be
introduced when duties of technicians and other grades
overlap...."
3. With reference to the Programme for National Recovery and
the operation of the voluntary redundancy and voluntary
re-deployment agreements as they operate in the public service
in general, the Union believes that the College is again in
breach by forcing the claimant to transfer to a position
totally unsuited to his qualifications and work practices.
4. If the claimant transfers it should be to a suitable
position which takes into account his qualifications and
traditional work practices bearing in mind Clause 2 of the
Productivity Agreement and the terms of the Programme for
National Recovery.
COLLEGE'S ARGUMENTS:
4. 1. The Productivity/Efficiency Agreement provides
specifically for the transfer or temporary transfer of
technicians. It states in paragraph 2 that "technicians will
transfer from one department to another on a temporary basis."
The worker concerned has been asked to move on a temporary
transfer and the College considers that under the terms of the
agreement he should do so.
2. The Union has claimed that as his experience lies mainly
in electronics he should not be transferred to an area where
electronic skills are not immediately required. In effect he
has been asked to transfer from one surgery department to
another and presumably he has some knowledge and skill
acquired in the Department of Surgery which would be useful in
the Department of Veterinary Surgery. During his time in
Veterinary Surgery he will have an opportunity to extend his
technical knowledge and skill and the Head of the Department
has made it clear that he will encourage him to do so.
3. The claimant's services are most urgently required in the
Department of Veterinary Surgery and not in the Departments of
Surgery or Medicine or elsewhere. The College considers that
there is no valid reason why he should not transfer
temporarily to the Veterinary College and requests the Court
to so recommend.
RECOMMENDATION:
5. The Court accepts the Employer's statement that the proposed
transfer is of a temporary nature and meets the requirement of the
Union/Management Productivity and Efficiency Agreement.
The Court accordingly does not recommend concession of the claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
________________________
11th May, 1988. Deputy Chairman
D.H./J.C.