Labour Court Database __________________________________________________________________________________ File Number: CD94309 Case Number: LCR14456 Section / Act: S26(1) Parties: BRINKS ALLIED LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning Survival Plan.
Recommendation:
3. The Court is most concerned at the manner in which the
parties to this dispute have conducted, or, in reality,
failed to conduct their negotiations in a situation where the
future of the Company and the jobs of its 95 workers are at
stake. That the parties only reached the industrial
relations bodies provided by the state at this eleventh hour
is to be deplored but now that they have reached the Court,
it makes the following recommendation in the expectation that
both parties will act on it immediately.
Having considered the evidence presented at the hearing, the
Court considers that the factual situation regarding the
viability of the Company, having particular regard to labour
costs and manning arrangements, should be confirmed and used
as a basis for urgent negotiations on the Company's Survival
Plan. Accordingly, the Court recommends that the parties
appoint an independent third party to examine these matters
immediately and to report to the parties within seven days.
The content of the report should then be the basis for
intensive and speedy negotiation between the parties on the
Survival Plan. The Court also recommends that at that stage,
matters which can be agreed in principle should be
implemented, if necessary under protest, pending final
agreement of detail.
Division: Mr Heffernan Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94309 RECOMMENDATION NO. LCR14456
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. Dispute concerning Survival Plan.
BACKGROUND:
2. A Labour Court investigation into the abovementioned dispute
took place on 26th May, 1994.
RECOMMENDATION:
3. The Court is most concerned at the manner in which the
parties to this dispute have conducted, or, in reality,
failed to conduct their negotiations in a situation where the
future of the Company and the jobs of its 95 workers are at
stake. That the parties only reached the industrial
relations bodies provided by the state at this eleventh hour
is to be deplored but now that they have reached the Court,
it makes the following recommendation in the expectation that
both parties will act on it immediately.
Having considered the evidence presented at the hearing, the
Court considers that the factual situation regarding the
viability of the Company, having particular regard to labour
costs and manning arrangements, should be confirmed and used
as a basis for urgent negotiations on the Company's Survival
Plan. Accordingly, the Court recommends that the parties
appoint an independent third party to examine these matters
immediately and to report to the parties within seven days.
The content of the report should then be the basis for
intensive and speedy negotiation between the parties on the
Survival Plan. The Court also recommends that at that stage,
matters which can be agreed in principle should be
implemented, if necessary under protest, pending final
agreement of detail.
~
Signed on behalf of the Labour Court
26th May, 1994 Kevin Heffernan
J.F./M.M. _______________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.