Labour Court Database __________________________________________________________________________________ File Number: CD94291 Case Number: LCR14462 Section / Act: S26(1) Parties: AIRMOTIVE IRELAND - and - AMALGAMATED ENGINEERING AND ELECTRICAL UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;TECHNICAL ENGINEERING AND ELECTRICAL UNION |
Dispute concerning suspensions.
Recommendation:
The Court has considered all of the arguments and views expressed
by the parties in their oral and written submissions and makes the
following recommendations:
1. Information
During the hearing the view was expressed that the morale of
the workforce was being undermined by unconfirmed reports
regarding the future of the Company and the effect on
employment.
The Court recommends that the management put in place
arrangements to inform workers accurately of matters
affecting the future of the Company and their employment.
The Court further recommends that any proposals the Company
may be considering at this time which affects the future of
the Company or impacts on the employment of the workers
should be brought to the attention of and discussed with the
Unions and the workers as soon as possible.
2. Industrial Relations Climate
Given the current state of the industry and the need for the
Company to be competitive and be able to meet the demands of
customers, it is imperative that all issues in dispute are
resolved in a peaceful manner and without the need for any
action likely to lead to a disruption of working.
To this end, the Court recommends that the parties examine
their industrial relations procedures to ensure that the
arrangements in place are such as will enable issues to be
resolved in an efficient, expeditious and peaceful way. To
help in this respect, the parties should consider seeking the
assistance of the Labour Relations Commission's Advisory
Service.
3. Suspensions
The Court finds that a collective decision was made to
restrict overtime working, and that workers had made
themselves unavailable to work overtime, and had absented
themselves from their workplace, contrary to the agreed
Company/Union agreements and procedures.
Given all of the circumstances and the actions taken, the
Court does not find it unreasonable that the Company
suspended the workers concerned.
The Court has considered the period of suspension in the
light of the serious consequences resulting from the action
taken, and has also taken account of the assurances given by
the Unions that they will take such steps as are necessary to
ensure issues are dealt with speedily and in a peaceful
manner in accordance with the agreed procedures.
Accordingly the Court recommends that the period of
suspension be reduced and the suspended workers be reinstated
with effect from 27th June, 1994, subject to each worker
giving a written undertaking that he/she will abide by the
Company/Union agreements in particular the
Grievance/Disciplinary procedures and will not participate in
any action of an intimidatory nature or restriction in
working insofar as such restriction is in breach of the above
agreements.
4. Resumption of Normal Working
All of the parties accept that there shall be no
victimisation of any party on a resumption of normal
working.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD94291 RECOMMENDATION NO. LCR14462
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
AIRMOTIVE IRELAND
AND
AMALGAMATED ENGINEERING AND ELECTRICAL UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
TECHNICAL ENGINEERING AND ELECTRICAL UNION
SUBJECT:
1. Dispute concerning suspensions.
BACKGROUND:
2. The above dispute was investigated by the Court on the 30th
of May, 1994.
RECOMMENDATION:
The Court has considered all of the arguments and views expressed
by the parties in their oral and written submissions and makes the
following recommendations:
1. Information
During the hearing the view was expressed that the morale of
the workforce was being undermined by unconfirmed reports
regarding the future of the Company and the effect on
employment.
The Court recommends that the management put in place
arrangements to inform workers accurately of matters
affecting the future of the Company and their employment.
The Court further recommends that any proposals the Company
may be considering at this time which affects the future of
the Company or impacts on the employment of the workers
should be brought to the attention of and discussed with the
Unions and the workers as soon as possible.
2. Industrial Relations Climate
Given the current state of the industry and the need for the
Company to be competitive and be able to meet the demands of
customers, it is imperative that all issues in dispute are
resolved in a peaceful manner and without the need for any
action likely to lead to a disruption of working.
To this end, the Court recommends that the parties examine
their industrial relations procedures to ensure that the
arrangements in place are such as will enable issues to be
resolved in an efficient, expeditious and peaceful way. To
help in this respect, the parties should consider seeking the
assistance of the Labour Relations Commission's Advisory
Service.
3. Suspensions
The Court finds that a collective decision was made to
restrict overtime working, and that workers had made
themselves unavailable to work overtime, and had absented
themselves from their workplace, contrary to the agreed
Company/Union agreements and procedures.
Given all of the circumstances and the actions taken, the
Court does not find it unreasonable that the Company
suspended the workers concerned.
The Court has considered the period of suspension in the
light of the serious consequences resulting from the action
taken, and has also taken account of the assurances given by
the Unions that they will take such steps as are necessary to
ensure issues are dealt with speedily and in a peaceful
manner in accordance with the agreed procedures.
Accordingly the Court recommends that the period of
suspension be reduced and the suspended workers be reinstated
with effect from 27th June, 1994, subject to each worker
giving a written undertaking that he/she will abide by the
Company/Union agreements in particular the
Grievance/Disciplinary procedures and will not participate in
any action of an intimidatory nature or restriction in
working insofar as such restriction is in breach of the above
agreements.
4. Resumption of Normal Working
All of the parties accept that there shall be no
victimisation of any party on a resumption of normal
working.
~
Signed on behalf of the Labour Court
3rd June, 1994 Tom McGrath
J.F./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.