Labour Court Database __________________________________________________________________________________ File Number: CD95451 Case Number: LCR15039 Section / Act: S26(1) Parties: DUBLIN PORT AND DOCKS BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Hearing arising from LCR14574, which concerns Union recognition in respect of Harbour Police in Dublin Port.
Recommendation:
The Court, having fully considered all of the issues raised by the
parties in their oral and written submissions, recommends:-
1. That Clause 3.2 as proposed by the Company be accepted;
2. That with acceptance of the Clause that the Board confirm
their recognition of the Union;
3. That the parties monitor the operation of Clause 3.2 with a
view to addressing any difficulties in its operation as may
arise.
In the event that there is any disagreement between the parties
regarding the operation or interpretation of the Clause, the Court
will be prepared to consider the issue(s) in dispute.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95451 RECOMMENDATION NO. LCR15039
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
DUBLIN PORT AND DOCKS BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Hearing arising from LCR14574, which concerns Union
recognition in respect of Harbour Police in Dublin Port.
BACKGROUND:
2. Clause 3.2 of the procedural agreement, which is the specific
matter in dispute between the parties states that:-
"Local issues, which concern the carrying into effect of
lawful orders given by a Supervisor, and operational
matters will be dealt with by the Superintendent or
Deputy Superintendent. Where such as local issue or
operational matter has been dealt with by the
Superintendent and Deputy Superintendent and where
agreement has not been reached the matter will be
referred to the Harbour Master, whose decision in the
areas of policy, method, strategy, technique or
implementation will be final.
While it is accepted that the Harbour Master's decision
in all such local issues and all operational matters in
the areas specified above in final, grievances which may
arise from the effects of these decisions on individuals
may be processed through the grievance procedures,
including appeals procedures.
Local issues, other than those which concern the
carrying into effect of lawful orders given by a
Supervisor may be processed through the grievance
procedures, including appeals procedures.".
The Union claims that should the Harbour Master's decision be
final, the day to day workings of the Harbour Police and
Sergeants could become difficult and that their conditions of
employment would change dramatically. The Board's position
is that the Clause does not give the Harbour Master the final
say in all local matters and that he and the Superintendent
must have the freedom to deploy the Harbour Policy as they
deem appropriate.
The Court investigated the dispute on the 23rd October, 1995,
in accordance with Section 26(1) of the Industrial Relations
Act, 1990.
RECOMMENDATION:
The Court, having fully considered all of the issues raised by the
parties in their oral and written submissions, recommends:-
1. That Clause 3.2 as proposed by the Company be accepted;
2. That with acceptance of the Clause that the Board confirm
their recognition of the Union;
3. That the parties monitor the operation of Clause 3.2 with a
view to addressing any difficulties in its operation as may
arise.
In the event that there is any disagreement between the parties
regarding the operation or interpretation of the Clause, the Court
will be prepared to consider the issue(s) in dispute.
~
Signed on behalf of the Labour Court
20th December, 1995 Tom McGrath
M.K./D.T. ------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.