Labour Court Database __________________________________________________________________________________ File Number: CD88835 Case Number: LCR12208 Section / Act: S67 Parties: IRISH SHELL - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim by the Union that one driver should not be transferred.
Recommendation:
5. The Court takes the view that having regard to the
circumstances in which the transfer is taking place, the Company
has used fair and objective criteria in making its choice and
recommends that the Union accepts the Company's decision in the
matter.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD88835 RECOMMENDATION NO. LCR12208
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH SHELL
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim by the Union that one driver should not be transferred.
BACKGROUND:
2. There are nine workers employed as airfield operators by the
Company at Shannon Airport Terminal. At the end of 1986 the
Company announced the transfer of a worker from the terminal to
work as a tanker driver in Limerick, on the grounds that the
terminal was overmanned, and the Company needed a driver in
Limerick. The worker concerned in this dispute was chosen because
he was the last man in to the terminal at Shannon, and also
because the Company considered he would be the most suitable
tanker driver, given his qualifications and experience. The Union
considered this man to be the wrong choice, because although he
was the last man into the terminal, he was not the man with the
least company service. A ballot was taken, and the workers voted
for strike action. Another worker then indicated that he would be
interested in taking voluntary redundancy, and this seemed to be a
resolution of the matter. In November, 1987, the Company
commenced on a nationwide rationalisation programme. The
complement of workers at Shannon was to be reduced from 9 to 8 and
the Union fully accepted the necessity for so doing. The worker
who had previously indicated verbally his willingness to take
voluntary redundancy, now indicated in writing his acceptance of
the redundancy terms on offer. He subsequently changed his mind
and opted to remain in the Company. Arising from this decision
the worker concerned in this dispute who had previously been
chosen for transfer, was instructed to report for driving duties
at Limerick. The Union again objected, and a number of meetings
took place at local level in an effort to resolve the problem. No
agreement was reached, and on 20th October, 1988, the matter was
referred to the conciliation service of the Labour court. A
conciliation conference took place on 26th October, 1988. No
agreement was reached, and on 2nd November, 1988 the matter was
referred to the Labour court for investigation and recommendation.
A Court hearing took place in Limerick on 7th December, 1988.
UNION'S ARGUMENTS:
3. 1. The Company and a member of staff arrived at an agreement
to resolve the overmanning at the Shannon Terminal. The Union
was at no stage involved in these discussions. Therefore, the
Union cannot be responsible if the parties to the agreement
have failed to honour their commitments. On foot of the
commitments arrived at, the Union withdrew its strike notice.
2. The worker would lose substantially if he was to be moved
to Limerick as he would lose shift pay, weekend allowance, and
travel allowance.
3. The worker initially moved from Limerick to Shannon in
order to facilitate the transfer of a member of staff to
Limerick. It is therefore grossly unfair to expect the worker
in question to move back as he has become familiar with the
situation at Shannon and part of the reason for moving was to
get away from very onerous driving duties.
4, On the basis of seniority, the worker is not the most
junior person at Shannon. He should not therefore, be chosen
for a transfer which he does not want. In the light of the
reasons above, the Union asks the Court to recommend in its
favour.
COMPANY'S ARGUMENTS:
4. 1. There is an over-manning situation of 1 operative at
Shannon and a vacancy for a driver at Limerick. Prolonged
efforts by the Company has not resulted in the emergence of a
volunteer for early retirement among Shannon staff.
Similarly, advertisement of the Limerick vacancy over a long
period has not produced a volunteer for transfer from Shannon.
2. The person selected for transfer is the person with the
least service at Shannon. In arrangements such as choice of
holidays the men themselves regard the person in question as
"last man in" and he has the last choice of holidays.
3. The person selected is eminently suited for the driving
position. He holds a HGV licence and came to Shannon as a
result of transfer from a driving position at Limerick.
Driving a tanker is a very responsible job, and the Company is
obliged to pick the most suitable person.
4. The excessive level of staff at Shannon is seriously
hindering the competitiveness of the operation and could
weaken the stability of other jobs there. The selection is
the culmination of prolonged efforts by the Company to secure
the reduction on a voluntary basis and to avoid more drastic
methods.
5. Having exhausted all other avenues the Company is
justified in selecting the person concerned and is satisfied
that the selection is fair and proper. We respectfully
request that the Court would agree and recommend accordingly.
RECOMMENDATION:
5. The Court takes the view that having regard to the
circumstances in which the transfer is taking place, the Company
has used fair and objective criteria in making its choice and
recommends that the Union accepts the Company's decision in the
matter.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
10th January, 1989. Deputy Chairman
P.F./J.C.