Labour Court Database __________________________________________________________________________________ File Number: CD95621 Case Number: LCR15056 Section / Act: S26(1) Parties: LIMERICK CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Transfer procedure.
Recommendation:
Having considered the submissions and arguments made by the
parties, the Court recommends that the proposals from the I.R.O.
dated 13th September, 1995 be accepted by the parties with the
following amendments.
Procedure insert a new clause (1)
A list of employees seeking transfer shall be kept and in the
event of a transfer requirement occurring, this list would be
examined as to the suitability of the individuals.
As a consequence of the above new clause (1), the other clauses
will be re-numbered.
Division: Ms Owens Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95621 RECOMMENDATION NO. LCR15056
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
LIMERICK CORPORATION
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Transfer procedure.
BACKGROUND:
2.1 The Corporation operates two maintenance and repair depots,
one at Rathbane on the south side of the city and the other
at Moyross on the north side of the city. There are forty
six staff involved in the repair and maintenance sections.
2 On the 6th June, 1995, a worker was instructed to transfer
from Rathbane depot to Moyross depot. The worker refused to
transfer claiming that the instruction to transfer was
disciplinary in nature. The refusal to transfer resulted in
unofficial industrial action involving sixty corporation
employees.
3 The dispute was referred to the conciliation service of the
Labour Relations Commission. A number of conciliation
conferences took place between the 6th July, 1995 and 7th
September, 1995. The Industrial Relations Officer wrote to
the parties on 13th September, 1995 setting out proposals for
settling the dispute. The Corporation accepted the proposals
but the Unions rejected it on the grounds that it did not
take account of "volunteers" or the issue of seniority.
4 As no agreement was possible it was agreed by both sides to
refer the dispute to the Labour Court for investigation. The
dispute was referred to the Labour Court on 2nd November,
1995 in accordance with Section 26(1) of the Industrial
Relations Act, 1990. The Court investigated the dispute on
12th December, 1995.
UNION'S ARGUMENTS:
3.1 The transfer of the worker was seen as disciplinary in
nature. The worker should not have been asked to transfer to
another depot as he was a senior member of staff and was also
the shop steward for the depot.
2 The transfer of staff from one depot to another should be
based on seniority.
3 The Corporation should also consider maintaining a register
of volunteers who wish to be considered for transfer.
4 The Union also suggest that consideration be given to all
future transfers on a rotational basis.
COMPANY'S ARGUMENTS:
4.1 The Corporation rejects the Union's suggestion that the
transfer of the worker was disciplinary in nature.
2 The mobility of workers is essential between the maintenance
depots. It could not function otherwise. In the nine months
prior to the dispute, a total of forty transfers had taken
place between the depots.
3 Seniority and voluntary transfers have never been the policy
in the maintenance section for the last twenty years.
4 It would not be practicable to operate the section on a
seniority basis. Management must be able to respond quickly
to demands for emergency repairs.
RECOMMENDATION:
Having considered the submissions and arguments made by the
parties, the Court recommends that the proposals from the I.R.O.
dated 13th September, 1995 be accepted by the parties with the
following amendments.
Procedure insert a new clause (1)
A list of employees seeking transfer shall be kept and in the
event of a transfer requirement occurring, this list would be
examined as to the suitability of the individuals.
As a consequence of the above new clause (1), the other clauses
will be re-numbered.
~
Signed on behalf of the Labour Court
9th January, 1996 Evelyn Owens
L.W./A.K. -------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.