Labour Court Database __________________________________________________________________________________ File Number: CD95571 Case Number: LCR14958 Section / Act: S26(1) Parties: OFFICE PUBLIC WORKS - and - MANDATE;SERVICE INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Redundancies.
Recommendation:
The Court, having considered all of the views expressed by the
parties, recommends that the redundancies be accepted and that the
parties discuss outstanding issues regarding the severance
package.
The Court notes that some alternative employment is being made
available. The O.P.W. should endeavour to maximise the number of
jobs being made available and agree with the parties the terms and
conditions to apply.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95571 RECOMMENDATION NO. LCR14958
INDUSTRIAL RELATIONS ACT, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: OFFICE PUBLIC WORKS
and
MANDATE
SERVICE INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Redundancies.
BACKGROUND:
2. 1. The Boyle and Bonet Arterial Drainage Scheme
commenced on the 5th July, 1982. The number of workers
employed on both schemes was 190. The Bonet scheme was
completed in 1991 and the workers concerned were made
redundant.
2. All essential work on the Boyle drainage scheme has now
been completed. The Minister for Finance has decided
not to sanction any more money for this project which
would enable it to be completed.
3. A total of 73 workers are involved in the project. Of
these, 8 will be retained for maintenance work and 10
will be offered alternative employment with the
Department of Arts Culture and the Gaeltacht, and the
others will be declared redundant. The redundancies
will commence on 10th November, 1995.
4. The Unions are objecting to the proposed closure of the
Boyle drainage scheme and the subsequent loss of jobs
on the basis that there is a significant amount of work
still to be completed on the project. As no agreement
was possible between the parties, the dispute was
referred to the conciliation service of the Labour
Relations Commission. A conciliation conference was
held in Mullingar on 29th September, 1995. No
agreement was reached and the dispute was referred to
the Labour Court on the 2nd October, 1995 in accordance
with Section 26(1) of the Industrial Relations Act,
1990. The Court held its investigation on 20th
October, 1995.
UNIONS' ARGUMENTS:
3. 1. The Unions object to the proposed redundancies on the
basis that the drainage scheme is not complete and also
that a significant amount of work still remains to be
done, in particular, on the refurbishment of the
bridges.
2. The OPW should complete the scheme as originally
designed. The proposed redundancies will have a
detrimental effect on local employment.
3. The OPW is precluded from making public service workers
redundant under the terms of the various national
agreements (PNR, PESP and PCW). The workers concerned
should be redeployed.
4. There is an obligation on the OPW to provide
alternative employment for Work Study Assessors
(W.S.A.s) who opt to continue in employment. The OPW
has always redeployed these workers on other drainage
schemes in the past.
5. The proposed "ceiling" of two years salary should not
apply to those workers who are made compulsory
redundant.
COMPANY'S ARGUMENTS:
4. 1. The Minister for Finance has decided not to sanction
any further finance for the Boyle Drainage Scheme.
While there are some works to be completed, the cost of
carrying then out would be prohibitive.
2. The OPW rejects the Unions' claim that it is in breach
of the PCW. There is no provision in that agreement
guaranteeing continuity of employment in the public
sector.
3. The OPW has no agreement with Mandate to provide
permanent positions for Work Study Assessors (W.S.A.s).
It was the custom and practice to facilitate WSAs on
other drainage schemes when the scheme on which they
were employed was completed. There is no new drainage
scheme where the WSAs can be redeployed.
4. The ceiling of two years' pay for those made redundant
is in line with the best terms available at the present
time. The Department of Finance will not improve the
terms on offer.
RECOMMENDATION:
The Court, having considered all of the views expressed by the
parties, recommends that the redundancies be accepted and that the
parties discuss outstanding issues regarding the severance
package.
The Court notes that some alternative employment is being made
available. The O.P.W. should endeavour to maximise the number of
jobs being made available and agree with the parties the terms and
conditions to apply.
~
Signed on behalf of the Labour Court
7th November, 1995 Tom McGrath
L.W./U.S. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.