Labour Court Database __________________________________________________________________________________ File Number: CD9658 Case Number: LCR15116 Section / Act: S26(1) Parties: DUBLIN CORPORATION - and - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Craft Analogue Agreement.
Recommendation:
The Court has fully considered all of the issues raised by the
parties in their oral and written submissions.
The Court clearly recognises the need for the Corporation to make
the most efficient and cost-effective use of scarce resources, and
to be in a position to provide the required services in the most
competitive way.
It is the view of the Court that, if the necessary changes to work
practices are to be achieved, and the good industrial relations
climate which presently exists is to be maintained, the resolution
of emotive issues such as the issue before the Court will depend
on the trust and co-operation developed between the employees,
their representatives and Management.
The Court considers that, given all the circumstances in this
case, the parties should seek to finalise their restructuring
discussions. They should endeavour to reach agreement within a
period of 8 weeks from the date of issue of this recommendation.
In the interim, and pending the outcome of these discussions, the
Corporation should only operate eight (8) mobile craft units.
In the event that the parties do not reach agreement within the
above stipulated period, the Court is prepared to review all
aspects of the situation.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD9658 RECOMMENDATION NO. LCR15116
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
DUBLIN CORPORATION
AND
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Craft Analogue Agreement.
BACKGROUND:
2. The National Craft Analogue Agreement was negotiated on
behalf of Local Authorities and Health Boards in 1994/'95.
The following productivity measures were agreed in 1995:-
(1) Co-operation with new technology including mobile
communications.
(2) Co-operation with training and retraining programmes.
(3) Mobility and deployment.
(4) Agreement to driving.
In September, 1995 the Corporation introduced 4 vans to be
driven by Craftsmen from the Housing Maintenance Section. A
further 2 vans were introduced in December, 1995 and an
additional 6 vans in January, 1996. The Unions claim that
the introduction of craft-vans impacts on the duties of
General Operatives and as a result they have withdrawn from
negotiations on a major restructuring package. The Unions
were prepared to continue negotiations if the number of vans
had remained at six, while the Corporation was not prepared
to set aside a nationally negotiated agreement. Local
discussions failed to resolve the issue and a conciliation
conference was held on 9th February, 1996 under the auspices
of the Labour Relations Commission. As agreement was not
reached the dispute was referred to the Labour Court on 12th
February, 1996 in accordance with Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took
place on 5th March, 1996.
UNIONS' ARGUMENTS:
3. 1. Since March, 1994 the Corporation has been aware of the
Unions' objections to Craft drivers, but nevertheless
participated in the agreement with the Craft Unions. It
is unacceptable that the Corporation negotiated with
Craft Unions in respect of work traditionally undertaken
by General Operatives.
2. The Unions accept that work could be exchanged between
Craft Workers and General Operatives, enabling greater
efficiency and eliminating waste. However, this must be
negotiated in an open manner between all the affected
parties.
3. The General Operatives are concerned about the possible
future loss to them of driving jobs, which are seen as
promotional positions and are renumerated accordingly.
A number of General Operative "Helper" posts may also be
at risk.
CORPORATION'S ARGUMENTS:
4. 1. The terms of the National Craft Analogue Agreement are
not subject to re-negotiation by individual Local
Authorities as part of local restructuring packages.
SIPTU, which was involved in negotiating the Agreement
on behalf of its Craft members, did not raise objections
at any stage on behalf of its General Operative members.
2. The introduction of Craft drivers has been deliberately
restricted to the Housing Maintenance Section in an
attempt to finalise the General Operative Restructuring
Package. There are only 12 Craft drivers in place from
a Craft workforce of almost 800 workers.
3. The Corporation has given a written undertaking that
"General Operatives currently designated as drivers will
have first call on any driving duties in the future."
If necessary, there may be a reduction in the number of
contract vans and drivers currently used.
4. The proposed restructuring package allows for the
provision of 30 General Operative Utility Workers, of
whom 50% will be self driven. This will increase the
level of driving duties which will be available to
General Operatives.
RECOMMENDATION:
The Court has fully considered all of the issues raised by the
parties in their oral and written submissions.
The Court clearly recognises the need for the Corporation to make
the most efficient and cost-effective use of scarce resources, and
to be in a position to provide the required services in the most
competitive way.
It is the view of the Court that, if the necessary changes to work
practices are to be achieved, and the good industrial relations
climate which presently exists is to be maintained, the resolution
of emotive issues such as the issue before the Court will depend
on the trust and co-operation developed between the employees,
their representatives and Management.
The Court considers that, given all the circumstances in this
case, the parties should seek to finalise their restructuring
discussions. They should endeavour to reach agreement within a
period of 8 weeks from the date of issue of this recommendation.
In the interim, and pending the outcome of these discussions, the
Corporation should only operate eight (8) mobile craft units.
In the event that the parties do not reach agreement within the
above stipulated period, the Court is prepared to review all
aspects of the situation.
~
Signed on behalf of the Labour Court
25th March, 1996 Tom McGrath
D.G./S.G. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.