Labour Court Database __________________________________________________________________________________ File Number: CD95342 Case Number: LCR14869 Section / Act: S26(1) Parties: BANK OF IRELAND - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Manning levels of service staff
Recommendation:
It is clear from the information before the Court that the Company
has disestablished posts without any discussions with the Union.
While the Company argued that it must be competitive, it must also
accept that this method of achieving savings can only lead to
industrial relations problems in the future.
While the Court would not recommend that posts no longer required
should be filled, it does recommend that the Company discuss
current vacancies with the Union before any further
disestablishment of posts.
Division: Mr Flood Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95342 RECOMMENDATION NO. LCR14869
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BANK OF IRELAND
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Manning levels of service staff
BACKGROUND:
The dispute concerns an alleged breach of an agreement by the
Bank for the filling of vacancies arising from staff
retirements. The workers involved in the dispute are mainly
porters. The agreement, between the Union and the Irish
Banks' Staff Relations Committee (IBSRC), was concluded on
7th May, 1992. The main area of the dispute is the
interpretation of the following clause contained in the
agreement:
"The Union has no objection in principle to normal
ongoing change on the understanding that the application
of this clause will not adversely affect manning levels
or the earnings of any employee in the categories listed
above"
(The categories listed are Porters, Security Guards,
Mobile Bank Drivers and Cleaners represented by SIPTU)
The Union claims that a number of vacancies which have arisen
have not been filled.
In January, 1994, the Bank of Ireland, A.I.B., Ulster Bank
and National Irish Bank ended their association with the
IBSRC. A letter from the IBSRC to the Union on 13th January,
1994, stated that all existing agreements would be honoured
by the individual banks.
The dispute was the subject of meetings at local level and
two conciliation conferences, but no agreement was reached.
The dispute was referred to the Labour Court by the Labour
Relations Commission on 2nd June, 1995, in accordance with
Section 26(1), of the Industrial Relations Act, 1990. A
Labour Court hearing took place on 28th July, 1995 (the
earliest date suitable to the parties).
UNION'S ARGUMENTS:
1. All the other major banks have filled vacancies or intend
filling them as they arise. Bank of Ireland is the only bank
which has not honoured the 1992 agreement. The wording of
the agreement is clear and is not open to interpretation.
2. The Union is willing to review the agreement at a future
date, when all outstanding vacancies have been filled.
BANK'S ARGUMENTS:
1. Local management are of the view that the posts in question
no longer require full time workers. The Bank has filled
three out of nine vacancies and may fill another two.
2. The Bank is involved in a highly competitive business which
necessitates keeping costs at a minimum. It cannot justify
employing a worker full time where a job does not exist.
RECOMMENDATION:
It is clear from the information before the Court that the Company
has disestablished posts without any discussions with the Union.
While the Company argued that it must be competitive, it must also
accept that this method of achieving savings can only lead to
industrial relations problems in the future.
While the Court would not recommend that posts no longer required
should be filled, it does recommend that the Company discuss
current vacancies with the Union before any further
disestablishment of posts.
~
Signed on behalf of the Labour Court
14th August, 1995 Finbarr Flood
C.O.N./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.