Labour Court Database __________________________________________________________________________________ File Number: CD90150 Case Number: LCR12827 Section / Act: S67 Parties: NAAS URBAN DISTRICT COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the provision of proper canteen facilities.
Recommendation:
5. Having regard to the undertakings given over the past four
years the Court recommends that the necessary repairs of the
canteen facility should be carried out as soon as possible and as
a matter of priority by the Council.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD90150 RECOMMENDATION NO. LCR12827
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: NAAS URBAN DISTRICT COUNCIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the provision of proper canteen facilities.
BACKGROUND:
2. The Council employs fifteen general operatives who carry out
various manual duties. Their place of employment is located at
the rear of the council offices at Main Street, Naas. The Union
is seeking the provision of an adequate canteen and toilet
facilities for these workers. The present canteen facility is in
very poor state of repair and is in urgent need of extensive
renovation. A major refurbishment of the main offices is being
undertaken by the Council. Included in the programme is the
provision of essential repair work in the canteen area. The Union
is seeking that these repairs be carried out immediately. The
Council agrees that the work needs to be done and had included a
sum of #10,000 in the 1989 estimates for this purpose; however,
the money was subsequently eliminated from this year's budget
because of financial cutbacks. The Council has now applied for
National Lottery funding and states that if this is forthcoming
the work will be undertaken. This delay was not acceptable to the
Union. The issue was referred to the conciliation service of the
Labour Court on the 16th January, 1990. A conciliation conference
was held on the 28th February, 1990 but no agreement was reached.
The dispute was referred to the Labour Court on the 9th March,
1990. A Court hearing was held on the 4th April, 1990.
UNION'S ARGUMENTS:
3. 1. Since 1986 the Council has undertaken a restoration and
refurbishment of the main building which included the carrying
out of essential repair work in the canteen area. The only
work which has been done by the Council has been to the main
office building. The plight of the workers concerned has been
ignored. The Union received an undertaking in 1988 from the
County Manager that the canteen area would be completed by
September of that year. In 1989 further assurances were
received from Management that the work would be undertaken;
however, in January, 1990 the Union was advised that the
#10,000 allocated to the canteen repair work had been
eliminated from the 1990 Council estimates.
2. The Union contends that the Council is obliged to provide
the workers concerned with the basic facilities in respect of
their partaking of tea and lunch breaks as well as providing
reasonable shelter during bad weather. The current canteen
conditions are reminiscent of the last century. The workers
concerned are obliged to use facilities which the Council
would condemn if provided by any other employer in its
jurisdiction. The Council should immediately undertake the
necessary renovations to the canteen area.
COUNCIL'S ARGUMENTS:
4. 1. At a meeting with the Union in November, 1989 Management
pointed out that sufficient finances were not available for
the necessary improvements to the canteen. However,
additional funds were requested from the Department of the
Environment, and in addition a sum of #10,000 had been
provided in the estimates for the 1990 financial year. This
matter was subsequently considered by the Council and it was
decided to eliminate the sum of #10,000 in an effort to reduce
the overall financial burden on ratepayers in the town. The
Council's financial position is quite serious with the present
overall debt in the region of #1.5 million.
2. It was decided to seek the necessary finance for carrying
out essential repairs from National Lottery funds and a
submission has already been made to the Department. It is the
Council's policy to ensure that the workforce is kept in
employment in spite of serious financial problems. It is felt
that any over-expenditure would result in loss of employment.
While appreciating that improvement works are necessary to the
canteen the Council has to take into consideration the
retention of the workforce in employment.
3. The Council has endeavoured recently to carry out some
essential repair work as soon as funds permit. In this
respect repairs to the roof and the installation of hot water
have been provided. It is the Council's policy to continue
such repair works, in the light of the necessary finances
being available, and pending a decision on funding from the
National Lottery.
RECOMMENDATION:
5. Having regard to the undertakings given over the past four
years the Court recommends that the necessary repairs of the
canteen facility should be carried out as soon as possible and as
a matter of priority by the Council.
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Signed on behalf of the Labour Court
John O'Connell
________________________
11th May, 1990 Deputy Chairman.
T.O'D/J.C.