Labour Court Database __________________________________________________________________________________ File Number: CD93156 Case Number: LCR13992 Section / Act: S26(1) Parties: BRINKS ALLIED LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning the payment of disturbance money.
Recommendation:
Subject to the smooth transfer of the Company to the new location,
the Court having considered the submissions of the parties
recommends the following:
March, 1993 on transfer #100.
3rd September, 1993, #100 on condition the employee has continued
in employment with the Company.
4th March, 1994, #150 on condition the employee has continued in
employment in the Company.
3rd March, 1995, #150 on condition the employee has continued in
employment in the Company.
Bus ticket or equivalent cash value for employees residing South
of the Liffey for a period of 12 months, issue/payment to be made
on a 2 by 6 monthly basis. The first issue/payment to be made on
the date of transfer.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD93156 RECOMMENDATION NO. LCR13992
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BRINKS ALLIED LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning the payment of disturbance money.
BACKGROUND:
2. 1. Brink's-Allied Limited was formed in 1987 when
Brink's-Mat and Allied Couriers amalgamated. The Company
currently employs 77 people and operates from three
locations, two in James's Street and one in Mount Brown.
2. In November, 1992, the Company announced its intention
to move approximately 7 miles to new premises in the
Clonshaugh Industrial Estate on week ending 19th March, 1993.
A number of local meetings took place. The Union sought a
lump sum payment of #1,200 for each employee and a commuter
ticket, or value thereof, for a minimum period of 2 years.
The Company were prepared to offer the following:-
a) #100 to be paid in March, 1993.
#75 to be paid in September, 1993 to all employees
based on them continuing to work for the Company
after the move.
b) Bus pass for 12 months or equivalent cash value for
all workers living south of the river. Payment to
be spread and based on continued service.
c) Recently recruited employees are not included for
disturbance payment.
3. The workers rejected the offer and the matter was
referred to the Labour Relations Commission. A conciliation
conference took place on the 3rd March, 1993. Agreement
could not be reached and the dispute was referred by the
Labour Relations Commission to the Labour Court on the 4th
March, 1993. The Court investigated the matter on the 8th
March, 1993.
UNION'S ARGUMENTS:
3. 1. The move of 7 miles constitutes a serious case of
disturbance.
2. The workers have no choice with regard to the move, they
must move in order to retain their employment.
3. The decision to move is management's alone and they must
bear the responsibility and consequential effects of the
move.
4. Certain workers will have to purchase private transport.
5. A number of workers will have to get two buses instead
of one.
6. Workers living in Leixlip, Lucan and Kildare areas will
have to use the toll bridge.
7. The main bus stops are on the outskirts of the
Clonshaugh Estate, approximately two miles from the new
premises.
COMPANY'S ARGUMENTS:
4. 1. The Company cannot afford a claim at this level.
2. No redundancies will result from the move.
3. The Company has a commitment to secure employment and
employee development.
4. The workers are the highest paid in the cash-in-transit
industry.
5. Not all staff will suffer as a result of the move.
RECOMMENDATION:
Subject to the smooth transfer of the Company to the new location,
the Court having considered the submissions of the parties
recommends the following:
March, 1993 on transfer #100.
3rd September, 1993, #100 on condition the employee has continued
in employment with the Company.
4th March, 1994, #150 on condition the employee has continued in
employment in the Company.
3rd March, 1995, #150 on condition the employee has continued in
employment in the Company.
Bus ticket or equivalent cash value for employees residing South
of the Liffey for a period of 12 months, issue/payment to be made
on a 2 by 6 monthly basis. The first issue/payment to be made on
the date of transfer.
The Court so recommends.
~
Signed on behalf of the Labour Court
15th April, 1993 Tom McGrath
P.O.C./M.H. ____________________________________
Deputy Chairman.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.