Labour Court Database __________________________________________________________________________________ File Number: CD90660 Case Number: LCR13097 Section / Act: S67 Parties: BANK OF IRELAND - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning porter manning levels at the 2, College Green Branch.
Recommendation:
5. The Court has considered the submissions made by the parties.
It is of the opinion that the vacation by the Bank of the
Westmoreland Street premises is analogous to the closure of a
Branch, in which case the Union's claim to maintain the levels of
staff would be unsustainable. The fact that the premises are to
be occupied by a Company associated with the Bank but with
different staff and working under different conditions does not in
the Court's view warrant the retention of the agreed staff levels
at College Green.
The Court therefore does not recommend concession of the Union's
claim.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD90660 RECOMMENDATION NO. LCR13097
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BANK OF IRELAND
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning porter manning levels at the 2, College
Green Branch.
BACKGROUND:
2. In 1987 the parties concluded a rationalisation programme for
the 2, College Green Branch. This branch operated an outlet in
Westmoreland Street which was included in the agreement. Under
the agreement the manning level for porters was agreed at 15 i.e.
12 designated positions, including one in the Westmoreland Street
outlet, and 3 lob positions (spare positions to cover absences
through annual leave, sick leave etc). Following a review of
operations at the branch the Bank decided to close the
Westmoreland Street outlet for retail banking and on 9th October,
1990 finalised details for the operating of a bureau de change on
3rd December, 1990, with the premises to be vacated on 16th
November, 1990. The bureau de change will be operated by First
Rate Bureau de Change Limited, a wholly owned subsidiary company
of the Bank. At that time a porter's position became vacant at
the 2, College Green premises. The Bank claims that this vacancy
should be filled through the redeployment of the porter from the
Westmoreland Street outlet whose position no longer exists. The
overall porter manning level at the branch would therefore be
reduced from 15 to 14. The Union rejected this claim which it
contends is in breach of the 1987 agreement. No agreement was
reached at local level and the matter was referred on 22nd
October, 1990 to the conciliation service of the Labour Court. A
conciliation conference was held on 8th November, 1990 at which no
agreement was reached. As the Westmoreland Street outlet was due
to close on 16th November the Bank agreed that the porter there
could stay a further week while the premises are being renovated.
The matter was referred on 11th November, 1990 to the Labour Court
for investigation and recommendation. The Court investigated the
matter on 22nd November, 1990.
UNION'S ARGUMENTS:
3. 1. The 1987 agreement clearly lays down the manning levels
for 2, College Green. The figure of 15 porter positions was
requested by the Bank to ensure adequate cover in all areas.
The Bank is now seeking to break the agreement by reducing the
manning levels without the Union's agreement.
2. The Bank has reached agreement with another union that
there would be no reduction in manning levels under the new
bureau de change company. The workers concerned should not be
treated less favourably than their colleagues in another
union.
3. There is sufficient work to justify the 15 porter
positions at 2, College Green. There has been an increase in
workload due to the use of the House of Lords for functions
(this is also under the aegis of the 2, College Green Branch).
4. Any reduction in manning levels would be contrary to the
spirit of the Programme for National Recovery which was
accepted by the workers in order to secure existing jobs.
BANK'S ARGUMENTS:
4. 1. Following a management review of 2, College Green in 1989,
the Bank decided to close the Westmoreland Street premises as
a retail banking outlet. In July, 1990 a subsidiary Company
approached the Bank with a view to setting up a bureau de
change in the vacated premises. The Westmoreland Street
outlet of the Bank ceased trading on 16th November, 1990 and
consequently the position of porter there no longer exists.
There is however a vacancy for a porter elsewhere in 2,
College Green and the Bank proposes to relocate the incumbent
to the vacant position.
2. The 1987 agreement on manning levels was a point in time
agreement based on requirements as they existed and could be
foreseen to exist at that time. The agreement provided
detailed job specifications for each of the 12 key posts,
including the Westmoreland Street post. Requirements have now
changed with the vacation of the Westmoreland Street premises
and the position of porter no longer exists.
3. The workers concerned are not being treated less
favourably than any other group. Although the post no longer
exists no individual is being made redundant as the Bank has
held over a vacancy at 2, College Green. The reduction of one
in the manning levels in 2, College Green is fair and
equitable and should be accepted by the Union.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties.
It is of the opinion that the vacation by the Bank of the
Westmoreland Street premises is analogous to the closure of a
Branch, in which case the Union's claim to maintain the levels of
staff would be unsustainable. The fact that the premises are to
be occupied by a Company associated with the Bank but with
different staff and working under different conditions does not in
the Court's view warrant the retention of the agreed staff levels
at College Green.
The Court therefore does not recommend concession of the Union's
claim.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
30th November, 1990. Deputy Chairman
A.S./J.C.