Labour Court Database __________________________________________________________________________________ File Number: CD88439 Case Number: LCR12020 Section / Act: S67 Parties: CABLELINK LIMITED - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION;IRISH TRANSPORT AND GENERAL WORKERS' UNION |
The transfer of two technicians.
Recommendation:
5. The Court, having heard the submissions, is satisfied that the
Company acted within the Company/Union Agreement in the case of
the transfers at issue and that the question of the standby
arrangements was dealt with adequately.
The Court therefore, does not uphold the Unions' claim.
Division: Ms Owens Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD88439 RECOMMENDATION NO. LCR12020
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CABLELINK LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. The transfer of two technicians.
BACKGROUND:
2. The Company provides a cable television service in the greater
Dublin area. Thirty nine field technicians are employed whose
main duty is to service the cable network. The city is divided
into six areas with six technicians assigned to each area. The
remaining three technicians can be assigned to any area. A
Company/Union Agreement dated November, 1985 states:
"Technical staff are liable to be assigned to any of the areas
and the number assigned to each area/district will be
determined by the work requirements. Where staff are
re-assigned from one area to another, one week's notice of
re-assignement shall be provided except in the case of
emergency."
In February, 1988 two technicians were transferred, one from Area
1 to Area 6, the other from Area 6 to Area 1. They were given
notice in writing in accordance with the terms of the Agreement.
The Unions contested these transfers and since no agreement was
reached the matter was referred, on 25th March, 1988, to the
conciliation service of the Labour Court. Conciliation
conferences were held on 6th May and 26th May, 1988. The parties
drew up a 5-point agreement on the question of transfers. A copy
of this agreement is attached at Appendix A. The matter of the
two transfers which gave rise to the dispute was not agreed
however, and was referred, on 15th June, 1988 to a full hearing of
the Labour Court. The hearing took place on 30th August, 1988.
UNIONS' ARGUMENTS:
3. 1. The Unions are not disputing Management's right to
transfer staff. However, the transfers in question were at no
time discussed with the Unions as they should have been.
2. Transfers should be in the best interests of the paying
subscriber, the Company and its employees. No sound reasons
for these transfers were given by the Company. The Unions
believe that the reasons for the transfers are not those
given.
3. These transfers give rise to difficulties in relation to
standby arrangements (details supplied to the Court). The
workers concerned owe time to other technicians and are owed
time.
COMPANY'S ARGUMENTS:
4. 1. The Company operates a single network and it was never
envisaged that technicians would be assigned indefinitely to a
particular area. In order to provide customers with the
necessary service the Company requires flexibility and
mobility from its technical staff and that they become
familiar with different areas of the network.
2. In implementing the two transfers the Company was merely
exercising its right under the existing Company/Union
Agreement. This right is not disputed by the Unions. The
Company considers that the 5-point agreement resolves any
issues in relation to the transfer of technical staff.
3. The employees who were transferred were given advance
notice in writing and neither employee has suffered any
adverse effects in their terms and conditions of employment as
a result of the transfers. The transfers are now in place for
the past 6 months.
RECOMMENDATION:
5. The Court, having heard the submissions, is satisfied that the
Company acted within the Company/Union Agreement in the case of
the transfers at issue and that the question of the standby
arrangements was dealt with adequately.
The Court therefore, does not uphold the Unions' claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________________
12th September, 1988 Deputy Chairman
A.K./J.C.
APPENDIX A 5 - Point Agreement
TRANSFERS IN THE TECHNICAL AREA
(1) Transfers will be carried out to meet operational needs and in
line with the company's policy in relation to staff
development.
(2) In the event of transfers in the future, the company will
first of all seek volunteers. The company however reserves
the right of selection and where necessary to nominate who is
being transferred.
(3) Where possible up to one month's notice of transfer will be
given. This in no way diminishes the company's right in
relation to transfers as set out in the agreement on
Integration/Rationalisation.
(4) Where transfers are taking place due consideration will be
given to the effect on standby arrangements.
(5) Where a transfer adversely effects an employee's terms or
conditions of employment, the matter can be dealt with through
the normal procedures.