Labour Court Database __________________________________________________________________________________ File Number: CD90199 Case Number: LCR12879 Section / Act: S67 Parties: ROADSTONE (DUBLIN) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of one clerical work concerning his temporary transfer to Feltrim.
Recommendation:
5. The Court recommends that in the particular circumstances of
this specific claimant, should he decide to take the job in
Feltrim, he be guaranteed his job in the Public Bodies Accounts
Department until the end of September, 1990.
The Court does not intend that this recommendation impinge in any
way on the Company's right to assign staff to meet work demands or
that it be used as a precedent for other cases.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD90199 RECOMMENDATION NO. LCR12879
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROADSTONE (DUBLIN) LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of one clerical work concerning
his temporary transfer to Feltrim.
BACKGROUND:
2. The clerical worker concerned had worked for a number of years
as a location clerk in the Company's Ringsend Plant. In February,
1986, this plant was closed down and the worker transferred to a
permanent position in Public Bodies Accounts at the Company's
headquarters in Fortunestown. This resulted in a serious loss of
earnings for the clerk. The clerk has in the past expressed a
wish to be considered for a position as location clerk should one
arise. The Company has recently received a contract to supply
concrete to a site near the Company's operation at Feltrim. The
job is expected to last until August/September, 1990. The Company
have decided to re-open the concrete plant at Feltrim on a
temporary basis to supply that job. (The concrete plant at
Feltrim had been closed for 4 years). The Company offered the
temporary position at Feltrim to the clerk concerned. The clerk
would like to take up the position but is seeking a guarantee that
if and when Feltrim closes he will get suitable alternative work
within Dublin or failing this that he reverts to his current
position in Public Bodies Accounts. The Company say that they are
not in a position to give such a guarantee and that the clerical
worker concerned, knowing the conditions under which the job is
available, must decide whether or not to accept the position. As
agreement could not be reached locally the matter was referred on
20th March, 1990, to the conciliation service of the Labour Court.
No agreement was reached at a conciliation conference held on 24th
March, 1990, and the matter was referred to the Labour Court, on
24th March, 1990, for investigation and recommendation. The Court
investigated the matter on 15th May, 1990.
UNION'S ARGUMENTS:
3. 1. The clerk, who is an experienced location clerk, has a
preference for getting back to that side of the Company's
operations. Such a position would also provide enhanced
earnings through overtime. Whilst the Company have stressed
that the position is of a temporary nature, there is still a
chance that it may become permanent.
2. Given the nature of the Feltrim position, it is not
unreasonable that the clerk has a fall-back position. In a
post-Feltrim situation any transfer to an outlying plant, such
as Athy or Allen, would be very difficult for the clerk
concerned in terms of distance and cost. Given the clerk's 22
years of service and his willingness to transfer to a
temporary position it is not unreasonable that should the
Feltrim post cease to exist, he should be given a suitable
post in the greater Dublin area or that his current job be
filled temporarily and he reverts to it following the Feltrim
position.
COMPANY'S ARGUMENTS:
4. 1. The clerk concerned was advised from the beginning that
the position at Feltrim was strictly temporary. He has also
been informed that there will be no change in his permanent
status with the Company. This in itself provides him with
adequate protection.
2. The Company is not in a position to give a guarantee which
includes or excludes employment in any of its operations. The
Company must not be obliged to give a guarantee where there is
any doubt that it may not be able to honour that guarantee.
It is the Company's prerogative to make the most appropriate
decisions at any given time in relation to its employees and
resources.
RECOMMENDATION:
5. The Court recommends that in the particular circumstances of
this specific claimant, should he decide to take the job in
Feltrim, he be guaranteed his job in the Public Bodies Accounts
Department until the end of September, 1990.
The Court does not intend that this recommendation impinge in any
way on the Company's right to assign staff to meet work demands or
that it be used as a precedent for other cases.
~
Signed on behalf of the Labour Court,
Kevin Heffernan
___28th___May,___1990. ___________________
B. O'N. / M. F. Chairman