Labour Court Database __________________________________________________________________________________ File Number: CD88623 Case Number: LCR12036 Section / Act: S67 Parties: RADIO TELEFIS EIREANN - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Dispute concerning the proposed relocation of approximately 18 "network" staff.
Recommendation:
3. The Court has examined the matter at issue in the light of the
various relevant agreements between the parties. Insofar as the
levels of network staff in particular areas are in question, the
Court is of the opinion that the 'Crewing to Workload' and
associated clauses in the "Broadcasting in the 1980s' Agreement"
is paramount and that in the final analysis RTE has the right to
determine the staffing levels in any particular case as well as
the responsibility for any ill consequences which may ensue.
However, in the case of the network staff, on the question of
relocation, which is obviously of prime importance to such staff
where moves over long distances may be involved, the original
agreement that such relocation be solely on a voluntary basis
seems to have been confirmed.
The Court therefore in this case does not consider that the
Authority can rely solely on its rights under the "Broadcasting in
the 1980s Agreement" to effect transfers of network staff other
than on a voluntary basis. The staff, on the other hand, cannot
use operational arguments to oppose changes which the Authority
has the right to make.
The Court therefore recommends that, in the light of the continued
undertaking given to network staff, and having regard to the
staffs' obligation to implement the provisions of the
"Broadcasting in the 1980s Agreement", the parties meet to
negotiate terms which will facilitate the necessary relocation and
redeployment of the network staff concerned.
Division: Mr O'Connell Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD88623 RECOMMENDATION NO. LCR12036
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: RADIO TELEFIS EIREANN
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Dispute concerning the proposed relocation of approximately 18
"network" staff.
BACKGROUND:
2. A Court hearing into the above-mentioned dispute was held on
the 26th August, 1988. The following is the Court's
recommendation.
RECOMMENDATION:
3. The Court has examined the matter at issue in the light of the
various relevant agreements between the parties. Insofar as the
levels of network staff in particular areas are in question, the
Court is of the opinion that the 'Crewing to Workload' and
associated clauses in the "Broadcasting in the 1980s' Agreement"
is paramount and that in the final analysis RTE has the right to
determine the staffing levels in any particular case as well as
the responsibility for any ill consequences which may ensue.
However, in the case of the network staff, on the question of
relocation, which is obviously of prime importance to such staff
where moves over long distances may be involved, the original
agreement that such relocation be solely on a voluntary basis
seems to have been confirmed.
The Court therefore in this case does not consider that the
Authority can rely solely on its rights under the "Broadcasting in
the 1980s Agreement" to effect transfers of network staff other
than on a voluntary basis. The staff, on the other hand, cannot
use operational arguments to oppose changes which the Authority
has the right to make.
The Court therefore recommends that, in the light of the continued
undertaking given to network staff, and having regard to the
staffs' obligation to implement the provisions of the
"Broadcasting in the 1980s Agreement", the parties meet to
negotiate terms which will facilitate the necessary relocation and
redeployment of the network staff concerned.
~
Signed on behalf of the Labour Court
26th September, 1988 John O'Connell
BO'N/PG Deputy Chairman