Labour Court Database __________________________________________________________________________________ File Number: CD93391 Case Number: LCR14178 Section / Act: S26(1) Parties: ULSTER BANK LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the staffing levels of porters at the Ulster Bank in College Green.
Recommendation:
5. While it is maintained by the Union that the issue in question
is the breach of an Agreement, it appears to the Court that the
specific area of contention is the appropriate level of manning
required in the Branch. Such an issue, in the Court's opinion, is
one that warrants an investigation by an independent assessor and
in this regard the Court recommends, subject to the Bank
maintaining a staffing of 5 porters plus the Head Porter during
the period of the assessment, that the proposals which emerged
from the conciliation conference be accepted.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93391 RECOMMENDATION NO. LCR14178
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ULSTER BANK LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the staffing levels of porters at the
Ulster Bank in College Green.
BACKGROUND:
2. 1. Up to May, 1992, the staffing level at the Bank was 7
porters and one head porter. At that time, the Bank moved 100
workers out of the building and one porter moved with them.
Shortly afterwards another porter was successful in an
internal promotion competition. Since then the staffing level
has remained at 5 plus the head porter.
2. The Union sought a replacement for the porter who was
promoted. The Company refused to consider a change in its
manning levels and no agreement was achieved locally. Some
industrial action took place (details supplied). The dispute
was referred to the Labour Relations Commission and 3
conciliation conferences were held between February and May,
1993. The Industrial Relations Officer proposed that the
porters manning levels would be assessed by an agreed
competent body and that the manning levels would not fall
below 5 while the assessment was in progress.
3. The proposal was rejected by the porters and the dispute
was referred to the Labour Court on 5th July, 1993, under
Section 26(1) of the Industrial Relations Act, 1990. A Labour
Court investigation took place on 5th August, 1993.
UNION'S ARGUMENTS:
3. 1. The Union is seeking the replacement of a porter who was
promoted. With the exception of the movement of 100 workers
from the building, the porters' staffing level had been set at
7 porters plus the head porter. The non-replacement of the
promoted porter has caused staffing difficulties and has put
pressure on the remaining porters.
2. The absence of a proper portering complement has led to
the rostering for the first time of the head porter. It has
also led to a diminished security role and to other workers
and couriers carrying out the porters' duties. At a time when
the Bank's profits have reached record levels it is
unacceptable that the porters' duties should be allocated to
other workers or contracted out.
3. The Bank has breached two Agreements which prohibited any
change in manning levels without agreement (details supplied).
The Union is seeking that the agreed manning levels be
restored and maintained and that another porter be employed
immediately.
BANK'S ARGUMENTS:
4. 1. The Bank has never agreed a manning level with the Union
and the number of porters has varied over the years. The
staffing level is determined by the Bank's business and
security requirements.
2. The present roster has been in operation since May, 1992.
It is the Bank's view that the roster has been working
satisfactorily. There is no question of any breach of
Agreements.
3. The Bank's staffing level is kept under continuous review.
However, the Bank is willing to support an independent
assessment of the level of portering staff required to meet
the needs of the College Green Building in order to assist in
the resolution of this dispute.
RECOMMENDATION:
5. While it is maintained by the Union that the issue in question
is the breach of an Agreement, it appears to the Court that the
specific area of contention is the appropriate level of manning
required in the Branch. Such an issue, in the Court's opinion, is
one that warrants an investigation by an independent assessor and
in this regard the Court recommends, subject to the Bank
maintaining a staffing of 5 porters plus the Head Porter during
the period of the assessment, that the proposals which emerged
from the conciliation conference be accepted.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
20th August, 1993. Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.