Labour Court Database __________________________________________________________________________________ File Number: CD93118 Case Number: LCR14023 Section / Act: S26(1) Parties: UNIVERSITY COLLEGE DUBLIN - and - ELECTRICAL ELECTRONIC TELECOMMUNICATION |
Dispute concerning manning levels for service craftsman.
Recommendation:
5. The Court has given careful consideration to the submissions
from the parties in support of their respective views on this
claim. Whilst there may be a fundamental matter of principle
involved the Court considers it should examine the claim in the
context of its industrial relations implications.
In a letter dated 14/5/'91 the College set out its policy on the
use of contractors and staffing levels. The Court was informed
that there was no Union response to this letter. Accordingly
there is no formal College/Union Agreement on these issues.
In the circumstances which have now arisen where two employees
have retired and have not been replaced as employees of the
College, the Court considers that the parties should commence
talks immediately with a view to agreeing a "Use of Contractors"
Agreement and the numbers of permanent staff to be employed by the
College at this grade.
Pending the outcome of these negotiations the Court recommends
that the Union postpone pursuing its claim for the appointment of
2 replacement plumbers.
The Court envisages that the above proposed negotiations should
conclude not later than 3 months from the date of this
recommendation.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93118 RECOMMENDATION NO. LCR14023
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: UNIVERSITY COLLEGE DUBLIN
(REPRESENTED BY THE IRISH BUSINESS EMPLOYERS CONFEDERATION)
and
ELECTRICAL ELECTRONIC TELECOMMUNICATION
AND PLUMBING UNION
SUBJECT:
1. Dispute concerning manning levels for service craftsman.
BACKGROUND:
2. 1. The Union is seeking the establishment of agreed manning
levels for craftsmen in the College. The College currently
employs 8 plumbing mechanical service craftsmen. In the last
2 years 2 workers retired and the Union is seeking their
replacement.
2. The workers were replaced by contractors and the Union
claims that the vacancies should be filled as the work still
exists. The College argues that the filling of vacancies
within the College is priority-based as decided by the
"Vacancy Priority Committee". It states that if it is
appropriate and efficient to employ contractors as distinct
from permanent staff, the College has a right to do so.
3. The dispute was referred to the Labour Relations
Commission and conciliation conferences were held on 12th
January and 8th February, 1993. A negotiated solution was not
possible and the dispute was referred to the Labour Court in
accordance with Section 26(1) of the Industrial Relations Act,
1990 on 17th February, 1993. A Labour Court investigation was
held on 15th March, 1993 (the earliest date suitable to both
parties).
UNION'S ARGUMENTS:
3. 1. The Union is seeking replacements for 2 workers who
retired over the last 2 years. The College has a policy of
replacing its permanent workforce with contractors and in the
last 6 years, 19 workers have not been replaced in the
Building Maintenance Department.
2. The College has had an extensive building programme in the
recent past and future buildings are planned. The College
cannot claim that there is not sufficient work for 2
additional workers. It has argued that vacancies are filled
on a priority basis by the Vacancy Priority Committee. This
Committee is made up entirely of academic staff and the Union
has no representation.
3. The Union has been attempting to negotiate this
contentious issue for many years. It has not been possible to
engage in meaningful negotiation with the College (details
supplied). The Union has demonstrated that the positions are
sustainable.
COLLEGE'S ARGUMENTS:
4. 1. The College does not dispute the fact that the number of
permanent staff has decreased and that the use of contractors
may continue to rise. The College's position was clearly
outlined to the Union in 1991 (details supplied) and its
financial position has deteriorated since then.
2. The College is dealing with extremely difficult financial
circumstances and Government recruitment policies. The
College cannot guarantee that replacements for any vacant
posts will occur. The filling of posts is decided by the
Vacancy Priority Committee.
3. Contractors are used by the College where it is deemed to
be more cost-effective. This will remain the position for the
foreseeable future.
RECOMMENDATION:
5. The Court has given careful consideration to the submissions
from the parties in support of their respective views on this
claim. Whilst there may be a fundamental matter of principle
involved the Court considers it should examine the claim in the
context of its industrial relations implications.
In a letter dated 14/5/'91 the College set out its policy on the
use of contractors and staffing levels. The Court was informed
that there was no Union response to this letter. Accordingly
there is no formal College/Union Agreement on these issues.
In the circumstances which have now arisen where two employees
have retired and have not been replaced as employees of the
College, the Court considers that the parties should commence
talks immediately with a view to agreeing a "Use of Contractors"
Agreement and the numbers of permanent staff to be employed by the
College at this grade.
Pending the outcome of these negotiations the Court recommends
that the Union postpone pursuing its claim for the appointment of
2 replacement plumbers.
The Court envisages that the above proposed negotiations should
conclude not later than 3 months from the date of this
recommendation.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________
29th March, 1993. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.