Labour Court Database __________________________________________________________________________________ File Number: CD90324 Case Number: LCR12950 Section / Act: S67 Parties: OFFICE OF PUBLIC WORKS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union concerning the use of outside contractors (machine drivers) on the Monaghan Blackwater Drainage Scheme.
Recommendation:
5. Having considered the submissions and arguments of the
parties the Court recommends that, in view of the temporary nature
of the hiring of manned machines, the Union should withdraw its
objection to the Company's proposals as outlined at the meeting on
21st June, 1990 and confirmed in writing on 22nd June 1990.
In order to allay the Union's reasonable concerns as to future
employment on the scheme in question the Court further recommends
that the Company intensify its recruitment efforts for both
drivers and trainee drivers with the objective of preventing a
similar problem arising in the future.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD90324 RECOMMENDATION NO. LCR12950
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: OFFICE OF PUBLIC WORKS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union concerning the use of outside contractors
(machine drivers) on the Monaghan Blackwater Drainage Scheme.
BACKGROUND:
2. 1. The Monaghan Blackwater catchment drainage scheme is
designed to drain a number of sub catchments of the Ulster
Blackwater. The scheme commenced operation in 1986. At that
time it was envisaged that it would take five years to
complete the operation and that work would progress as
follows:-
End of year 1 - 15%
End of year 2 - 38%
End of year 3 - 61%
End of year 4 - 84%
End of year 5 - 100%
During 1987, the public service voluntary redundancy package
was introduced. This resulted in a reduction, almost by half,
of the number of workers employed on the drainage scheme, with
a consequential reduction on work progress and accordingly, a
consequential extension to the completion date for the scheme.
2. Work on the scheme is divided into three categories i.e.
structural work (47.4% of total operation), channel work
(41.9% of total operation) and rock excavation (10.7% of total
operation). At the end of March 1990, structural work was
69.8% complete and on course for a December 1991 finish. Rock
excavation was 83% complete and on course for a December 1991
finish. Channel work was 51.6% complete and would not be due
for completion until 1994, if work was to continue at the same
rate of progress. It was decided to accelerate output on
channel excavation so as to have all aspects of the scheme
moving in tandem. In February 1990, the Office of Public
Works advised Union representatives that they proposed
contracting in extra machines, manned with drivers, for the
purpose of accelerating output on channel excavation. The
Union objected to the proposal and following discussions at
local level the matter was referred to the Conciliation
Service of the Labour Court on 23rd May, 1990. It was the
subject of a conciliation conference on 31st May, 1990. As no
agreement was reached both sides agreed to a full Labour Court
hearing. The Court investigated the dispute on 9th July,
1990.
UNION'S ARGUMENTS:
3. 1. The Union are not objecting to the contracting in of extra
machines for the purposes of accelerating work on channel
excavation. However, drivers for these machines must not be
contractors. The Office should either recruit new drivers or
move in existing drivers who are engaged on the scheme's
structural work. While the Office has held interviews for
drivers no appointments have been made. The Union will agree
to the flexible use of existing labour.
2. Workers are prepared to work overtime as is necessary to
meet the requirements of the channel work operation. Drivers
undertaking one hour's overtime each evening and overtime on
Saturday mornings would be equivalent to three extra machines
on the site.
3. The recruitment of mechanical fitters would significantly
reduce machine downtime. There is one fitter employed on the
scheme, to maintain and service ten machines. The Office
states that because of the embargo on recruitment it cannot
take on additional fitters, yet two fitters have been
recruited in recent months for the Boyle/Bonnet Drainage
Scheme.
4. The Union is willing to consider every option available
and acceptable to the Office other than the contracting in of
drivers to operate the extra machines. The use of Office of
Public Works drivers is a preferred option and in this regard
the Union has supplied management with a list of competent
available machine drivers. If the Office is not in a position
to recruit drivers to meet time requirements, it should
consider transferring drivers (on subsistence) from other
country areas as an option.
OFFICE OF PUBLIC WORKS ARGUMENTS:
4. 1. The Office has a clear obligation to the Dail and to the
Public to ensure that all works are carried out in the most
efficient and economical way possible. In keeping with this
obligation the Office must take whatever steps are necessary
to ensure the acceleration of the channel excavation so as to
avoid unnecessary expenditure on the Blackwater Scheme during
the years 1992-1994. It would be failing in its duty if it
allowed too much time to go by in the peak operations/summer
period without taking the necessary steps to accelerate
excavation.
4. 2. The Office is not optimistic that it can recruit many
experienced drivers at the present time as it has found great
difficulty in recruiting suitable personnel. Out of quite a
number of candidates interviewed only one person was found
suitable when all recruitment procedures were processed. The
Office has interviewed/tested the list of candidates supplied
by the Union but it will again have to go through recruitment
procedures which will result in delays outside of its control.
3. Subject to budgetary limitations, the Office will provide
overtime to machine operators. Overtime by itself will not
accelerate output sufficiently to bring channel work into line
with the other two categories, within the required time scale.
4. The Office has assured the Union that, immediately on
recruiting the required number of suitable machine drivers,
other machines will be leased for their use and the use of
hired in manned machines will cease. Following a meeting on
21st June, 1990, proposals were put to the Union (Appendix 1).
The Office sees these proposals as reasonable and fair. It
asks the Court to recommend that they be accepted by the
workers concerned.
RECOMMENDATION:
5. Having considered the submissions and arguments of the
parties the Court recommends that, in view of the temporary nature
of the hiring of manned machines, the Union should withdraw its
objection to the Company's proposals as outlined at the meeting on
21st June, 1990 and confirmed in writing on 22nd June 1990.
In order to allay the Union's reasonable concerns as to future
employment on the scheme in question the Court further recommends
that the Company intensify its recruitment efforts for both
drivers and trainee drivers with the objective of preventing a
similar problem arising in the future.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___18th___July,____1990. ___________________
A. McG. / M. F. Deputy Chairman
APPENDIX 1
MEETING OF THE NATIONAL DRAINAGE COMMITTEE
21ST JUNE 1990
One of the items discussed at this meeting was the dispute over
the hiring in of machines with drivers on the Monaghan Blackwater
Scheme.
Arising from the discussion Management accepted that, provided the
workers agree to the immediate engagement of hired in machines
with drivers, they will agree to:-
(a) *limit the numbers of hired in machines for channel
excavation to two hydraulic machines during 1990. This does
not include rock breakers as required;
(b) consult with the Union in advance about the taking in of
machines with drivers during 1991 if this is found to be
necessary;
(c) make renewed attempts to recruit experienced drivers, in
this regard Union members were asked to help spread the word
around that we are looking for experienced drivers;
(d) on recruitment of new drivers, provided that more than three
new drivers are recruited, to discontinue the use of hired
in machines with drivers and to replace them with machines
driven by our own workers;
(e) subject to budgetary limitations, to increase the overtime
opportunities for machine operators, there was no agreement
that this overtime should be on Saturdays.
Management re-affirmed the fact that their preferred option would
be to use O.P.W. drivers rather than hired in drivers and they
would have no difficulty in discontinuing the use of hired
machines with drivers if sufficient competent drivers can be
recruited.
* Additional to the two already in operation.
JIM PHILLIPS.
22nd June, 1990.