FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GROUP 4 SECURITAS IRELAND LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Implementation of electronic clocking.
BACKGROUND:
2. The dispute concerns the Company's proposal to replace an existing quartz clocking system with an electronic system.
In July, 1995, following an incident on a mobile patrol service it was discovered that a number of workers had abused the quartz clocking system. The Company informed the Union that it had no option but to change to an electronic clocking system.
The Company's proposals were put to a ballot and accepted. The Company ordered electronic clocks as a result. Some weeks later the Union advised that a new ballot was required due to an administrative error in the first. The subsequent ballot led to a rejection of the Company's proposals
The Company installed the new clocks. The Union issued strike notice but suspended it pending the outcome of a conciliation conference on 5th March, 1996. No agreement was reached at the conference and the dispute was referred to the Labour Court on 12th March, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 22nd August, 1996.
UNION'S ARGUMENTS:
3. 1. The Company introduced the electronic clocking system in a unilateral manner. In October, 1994, a Company/Union Agreement was reached. Clause E of the Agreement stated that a "status quo" clause would operate i.e. "in the event of a dispute the same terms/circumstances/conditions which applied prior to the dispute shall exist during processing of the issue through agreed procedures". The Company did not abide by the Agreement.
2. The second ballot in November, 1995, rejected the introduction of the electronic clocks by 3 to 1. The Company has introduced a number of changes since 1994 without consulting the Union. The electronic system will reduce the amount of administration on the present mechanical system with resulting savings for the Company. The workers should be financially rewarded for their co-operation .
COMPANY'S ARGUMENTS:
4. 1. The Company must use whatever sort of clocking system its customers demand. Practically all of the customers insist on using the electronic system. Since the ballot in November, 1995, 3 new customers have requested the electronic clocks. The request from one of these customers followed an incident which led to the resignation of 3 security officers. This resulted in the Company being put on 3 months probation to prove that there would be no re-occurance of the incident. There was also an incident in July, 1995 when it was discovered that the present quartz clocking system was being abused. The Company must install the electronic clocks to safeguard contracts and jobs.
2. The electronic system is less heavy and easier to use. It is used by many companies in the security industry. The current quartz system is becoming obsolete. There is no justification in making a payment for a system which is the norm in the industry. The Company did offer to donate £4,000 to a charity nominated by the Union as a gesture of goodwill but this was rejected by ballot.
RECOMMENDATION:
The Court has fully considered all of the issues raised by the parties in their oral and written submissions and finds that the issue before the Court is only a symptom of the climate of industrial relations which exists in the Company.
The Court notes that the parties are seeking to develop and improve the industrial relations climate and would exhort the parties to seek to agree arrangements to this end as quickly as possible. In the event of difficulty they should use the offices of the Advisory Service of the Labour Relations Commission.
The Court finds that the Company should have informed the workers of the intention to introduce the electronic clocks. The clocks, the Court however considers, are part of the normal ongoing change in the Industry, and in the interest of protecting contracts and jobs should be accepted by the workers concerned.
The Court does not consider that compensation is appropriate for the introduction of this equipment.
However, the Court notes that as a gesture of goodwill the Company was prepared to make a contribution of £4,000 on behalf of the security officers to a charity nominated by them.
The Company, if they are so disposed, should agree with the security workers the charity to receive such benefit.
The Court so recommends.
Signed on behalf of the Labour Court
Tom McGrath
30th August, 1996______________________
C.O'N./D.TDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.