Labour Court Database __________________________________________________________________________________ File Number: CD95461 Case Number: LCR14872 Section / Act: S26(1) Parties: IRISH FERRIES - and - SEAMANS UNION OF IRELAND |
Dispute concerning implementation of agreement.
Recommendation:
The Court has fully considered the views expressed by the parties
in this case.
In this consideration, the Court was also fully cognisant of all
of the issues previously raised by another union at a previous
case.
In the light of all the information available, the Court finds
that agreements have been made between the Company and both unions
which given their interpretation cannot be implemented without
division being created among the ratings represented.
Consequently the Court has had to find a way outside of the
agreements, and put forward a basis for resolving the dispute
which in the view of the Court is fairest to unions, Company and
staff.
Accordingly the Court recommends as follows:-
(1) That the filling of the 3 posts (six vacancies) be
implemented in the following manner:-
(a) That the transfers which have taken place to date be
confirmed (2).
(b) That a further post (2 vacancies) on the Isle of
Inishfree be filled by the transfer immediately of 2
staff who have made applications for these posts (i.e.,
Mr. Boland and Mr. Croft).
(c) That the remaining post (2 vacancies) on the Isle of
Inishfree be brought forward and filled by way of
transfers (i.e., seniority and where relevant
suitability) or in the event of no applications for
transfer, from the temporary list.
(d) The filling of the above vacancies (b) and (c) to be
completed within four weeks.
(2) That the Company make such arrangements as are necessary to
ensure employees are accommodated on suitable rosters.
(3) That the parties review the arrangements regarding transfers
and the filling of vacancies on or before 1st January, 1996.
(4) That given the situation that arose on this occasion, the
Company together with the unions representing ratings request
the Advisory Service of the Labour Relations Commission to
assist them to improve the industrial relations environment.
Division: Mr McGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95461 RECOMMENDATION NO. LCR14872
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
IRISH FERRIES
AND
SEAMANS UNION OF IRELAND
SUBJECT:
1. Dispute concerning implementation of agreement.
BACKGROUND:
2. The Labour court investigated the dispute on 14th August,
1995.
RECOMMENDATION:
The Court has fully considered the views expressed by the parties
in this case.
In this consideration, the Court was also fully cognisant of all
of the issues previously raised by another union at a previous
case.
In the light of all the information available, the Court finds
that agreements have been made between the Company and both unions
which given their interpretation cannot be implemented without
division being created among the ratings represented.
Consequently the Court has had to find a way outside of the
agreements, and put forward a basis for resolving the dispute
which in the view of the Court is fairest to unions, Company and
staff.
Accordingly the Court recommends as follows:-
(1) That the filling of the 3 posts (six vacancies) be
implemented in the following manner:-
(a) That the transfers which have taken place to date be
confirmed (2).
(b) That a further post (2 vacancies) on the Isle of
Inishfree be filled by the transfer immediately of 2
staff who have made applications for these posts (i.e.,
Mr. Boland and Mr. Croft).
(c) That the remaining post (2 vacancies) on the Isle of
Inishfree be brought forward and filled by way of
transfers (i.e., seniority and where relevant
suitability) or in the event of no applications for
transfer, from the temporary list.
(d) The filling of the above vacancies (b) and (c) to be
completed within four weeks.
(2) That the Company make such arrangements as are necessary to
ensure employees are accommodated on suitable rosters.
(3) That the parties review the arrangements regarding transfers
and the filling of vacancies on or before 1st January, 1996.
(4) That given the situation that arose on this occasion, the
Company together with the unions representing ratings request
the Advisory Service of the Labour Relations Commission to
assist them to improve the industrial relations environment.
~
Signed on behalf of the Labour Court
18th August, 1995 ____________________________________
J.F./D.T. Tom McGrath
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.