Labour Court Database __________________________________________________________________________________ File Number: CD93175 Case Number: LCR14301 Section / Act: S26(1) Parties: BLINDCRAFT - and - THE NATIONAL LEAGUE OF THE BLIND OF IRELAND |
Dispute concerning the return to full-time working for partially-sighted workers.
Recommendation:
The Court has considered the submissions of the parties and the
oral evidence presented at the hearing. The Court understands the
frustration of the employees who, since the move from Rathmines to
Davitt Road in 1990, have suffered a period of time in which they
had no work and remained at home albeit on full pay and then had
their working-week reduced to 3 days. The problems in the
employment are both trading and financial. The change of emphasis
from retail to wholesale trading was unsuccessful and gave rise to
financial problems which can only be resolved with the assistance
of the Department of Health. At present, the Department is
examining the proposals from N.C.B.I. for the regeneration of
trading and appropriate funding.
Blindcraft has advised the Court that on 25th November, 1993, the
Department of Health gave them assurances of a response within six
weeks. The Court regards it as important that this time-scale is
met because the detrimental social and financial impact on the
workers of the 3-day working week should be eliminated at the
earliest possible time. A delay at any stage of the recovery of
business can only prolong the position of inequity to the workers.
However, because developments agreed with the Department are the
only realistic way forward, the Court recommends that the League
await the outcome of the present proposals.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93175 RECOMMENDATION NO. LCR14301
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BLINDCRAFT
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
THE NATIONAL LEAGUE OF THE BLIND OF IRELAND
SUBJECT:
1. Dispute concerning the return to full-time working for
partially-sighted workers.
BACKGROUND:
2. 1. The Company manufactures cane furniture and is
controlled by the Board for the Employment of the Blind, a
statutory non-profit making body whose members are appointed
by the Minister for Health. The Company employs both
partially-sighted and sighted workers.
2. On 18th November, 1991, all of the workers were placed on
a 3-day week as the Company had insufficient orders to
sustain the workers in employment. The issue was referred to
the Labour Relations Commission and a conciliation conference
was held on 16th December, 1991. The parties agreed to
prepare a joint submission to the Department of Health in
relation to the future of the Company.
3. No return to full-time working emerged and a further
conciliation conference took place on 16th December 1992. At
that time no progress was possible as the management was
awaiting the appointment of a new Board. The dispute was
referred to the Labour Court under Section 26(1) of the
Industrial Relations Act 1990 on 12th March, 1993. A Labour
Court investigation took place on 26th November, 1993 (the
earliest date suitable to both parties).
LEAGUE'S ARGUMENTS:
3. 1. The Company has a statutory obligation to provide
full-time working for its visually impaired workers (details
supplied). Neither the Board nor the Department ever gave
proper consideration to the social aspects of a 3-day working
week for blind workers. The introduction of the 3-day
working week has broken the Board's constitution (details
supplied).
2. The League has already postponed a Labour Court
investigation at the request of the Minister for Health. The
Minister's proposals on the restructuring of the Company and
the re-introduction of full-time working are still awaited.
The workers have been patient with the Company for a
considerable period of time and they now require nothing less
than a return to full-time working.
COMPANY'S ARGUMENTS:
4. 1. The Company's workers are on short-time working because
the Company had insufficient orders to sustain full-time
employment and the Department of Health was not willing to
fund continuing losses indefinitely. The League was informed
of the difficulties beforehand.
2. The Company has been in constant contact with a variety
of third parties in an attempt to secure a return to
full-time working (details supplied). At this time, a return
to full-time working cannot be sustained. This position may
change when the Company's future direction is determined and
it has secured sufficient orders to maintain full-time
employment. The Company's proposals to the Minister
represent the best way forward and the Minister's response is
awaited (details supplied).
RECOMMENDATION:
The Court has considered the submissions of the parties and the
oral evidence presented at the hearing. The Court understands the
frustration of the employees who, since the move from Rathmines to
Davitt Road in 1990, have suffered a period of time in which they
had no work and remained at home albeit on full pay and then had
their working-week reduced to 3 days. The problems in the
employment are both trading and financial. The change of emphasis
from retail to wholesale trading was unsuccessful and gave rise to
financial problems which can only be resolved with the assistance
of the Department of Health. At present, the Department is
examining the proposals from N.C.B.I. for the regeneration of
trading and appropriate funding.
Blindcraft has advised the Court that on 25th November, 1993, the
Department of Health gave them assurances of a response within six
weeks. The Court regards it as important that this time-scale is
met because the detrimental social and financial impact on the
workers of the 3-day working week should be eliminated at the
earliest possible time. A delay at any stage of the recovery of
business can only prolong the position of inequity to the workers.
However, because developments agreed with the Department are the
only realistic way forward, the Court recommends that the League
await the outcome of the present proposals.
~
Signed on behalf of the Labour Court
20th December, 1993 Kevin Heffernan
J.F./M.M. _______________
Chairman
Note
Enquiries concerning this Recommendation should by addressed to
Mr. Jerome Forde, Court Secretary.