FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RTE - AND - RTE MANAGERS ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Dispute concerning implementation of The Transformation Agreement.
BACKGROUND:
2. The Association claims that the Transformation Agreement, concluded in March, 2001, has not been implemented in full by the Company. The Company rejected the claim. The Association sought to refer the dispute to the Labour Relations Commission but the Company objected to such a referral. The Company maintains that the dispute should be investigated under the internal industrial relations mechanism for resolving disputes i.e. the Industrial Relations Tribunal. The Association claims that it does not have access to this forum. In February, 2003 the Association referred a complaint to the Labour Court under Section 20 (1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Court hearing was held on the 3rd April, 2003.
RECOMMENDATION:
The Court notes that Clause 9.1 of the Agreement at issue in this dispute provides as follows:
"Where parties cannot reach agreement through partnership or through negotiations on any matter covered by this agreement, they shall jointly process the matter through the agreed Industrial Relations processes, viz, the IRT."
It is the Management's case that this provision renders it inappropriate for the Court to investigate this dispute. The Association say that they are precluded from access to the RTE Internal Relations Tribunal.
In the Court's view this is a matter which must be clarified before the Court could embark upon a full investigation of the issues contained in this Section 20(1) referral. It is also the Court's view that if the Association is correct and the internal machinery is not appropriate, the parties should refer the dispute to the Labour Relations Commission for conciliation before requesting a Court investigation.
Accordingly, the Court recommends as follows:
1. The parties should ascertain without delay if the dispute is referable to the Industrial Relations Tribunal. If it is, the dispute should be so referred.
2. If the dispute is not referable to the internal machinery, it should be referred jointly to the LRC and if agreement is not reached at conciliation the dispute should be referred to the Court under Section 26(1) of the Industrial Relations Act, 1990.
Signed on behalf of the Labour Court
Kevin Duffy
7th April, 2003______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.