FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CENTRAL BANK OF IRELAND - AND - AMALGAMATED TRANSPORT & GENERAL WORKERS' UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Manning levels for portering staff.
BACKGROUND:
2. The dispute concerns manning levels for portering staff at the Central Bank's offices at Dame Street, Dublin 2.
At present, the portering staff is comprised of
1 Head porter
4 Permanent in-house porters
1 Courier/driver
2 Porters (on long-term sick-leave) , and
2 Temporary porters
- (i.e., a total of 10).
Arising from a review of its portering services, the Bank concluded that the overall complement of staff required was a maximum of 8. The Unions' position is that the manning levels should be set at 9 permanent porters.
The dispute was the subject of local discussions which failed to resolve the matter and which led the Unions to engage in limited industrial action (i.e., porters refused to give cover on floors other than those which they would normally service).
The matter was subsequently the subject of 2 conciliation conferences under the auspices of the Labour Relations Commission, from which a set of proposals issued, which were accepted by the Company but were rejected by the Unions. The dispute was referred to the Labour Court, on the 30th of April, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation on the 22nd of May, 1996.
BANK'S ARGUMENTS:
3. 1. Circumstances within the portering service have changed significantly in recent times, leading to reduced manning requirements. The Bank must operate on a cost-effective and efficient basis and cannot continue to run a service which is over-manned. Accordingly, the Bank is seeking, in consultation with portering staff, to finalise a review of the portering service and, thereby, achieve appropriate manning levels.
2. The Bank has made every possible attempt to resolve this matter locally through conciliation but has been met with a threat of further unspecified industrial action. The present industrial action being carried out by the porters is in breach of the terms of the PCW and formally agreed procedures.
3. The Bank needs to regain its discretion to define the level of portering service needed and to organise the staffing to meet priorities.
UNIONS' ARGUMENTS:
1. The Bank gave a commitment to replace two porters who retired in Summer, 1995. This commitment has not been honoured.
2. The porters partially withdrew their services because of frustration and pressure brought about by the serious under-manning that existed.
3. The workers concerned were not kept fully informed regarding the review of portering services undertaken by the Corporate Services Department.
4. Assurances given by the Bank that there would be replacement porters were given even though management had decided that there would be no permanent replacements. This position continued to be taken by the Bank throughout conciliation.
5. The proposals at conciliation were rejected by the Unions on the basis that the hiring of temporary staff was proposed. The porters have lost confidence in management whom they see as taking advantage of their co-operation in working in an under-manned situation.
RECOMMENDATION:
The Court recommends that the parties commence discussions immediately on the issue of work organisation and staffing levels within the Portering Service. If the parties fail to reach agreement within 1 month, then outside assistance should be employed to finalise the matter.
In the meantime, given the content of the discussions at the Court hearing, full normal working should be resumed.
The Court so recommends.
Signed on behalf of the Labour Court
Finbarr Flood
27th May, 1996______________________
M.K./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.