FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL - AND - A.G.E.M.O.U. TRADE GROUP DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation No. 1291/97.
BACKGROUND:
2. The dispute concerns the Council's decision to redeploy an employee from its depot at Tymon Park, Tallaght, to The Grange, Lucan. The Council states that in May, 1997, as part of a re-organisational programme, six workers were instructed by letter to transfer from one depot to another. One worker refused. Following a meeting in November, 1997, the worker again refused to transfer and engaged in unofficial industrial action until the 10th of December, 1997. The worker then agreed to transfer 'under protest' and the issue was referred by the Union to a Rights Commissioner for investigation. The Rights Commissioner issued his recommendation on the 7th of January, 1998, as follows:-
"I recommend that the Union and (the worker) accept the
transfer from Tymon North to the Grange by the Council."
(The worker was named in the Rights Commissioner's recommendation).
On the 28th of January, 1998, the Union appealed the recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 23rd of April, 1998.
UNION'S ARGUMENTS:
3. 1. The worker's transfer was not required as another worker was moved from The Grange as this worker was transferred to it. Unlike other workers, the worker concerned was not consulted prior to May, 1997.
2. The worker concerned is not the most junior worker in the Parks Department or in Tymon Park. He believes that he is being victimised for carrying out his duties as shop steward. His co-workers in Tymon Park also see the worker's move as a punishment and have supported his actions.
3. The work in The Grange is less varied than the work in Tymon Park and the worker works alone for many hours. Due to traffic congestion his commuting time to and from work is also greater than previously.
4. The Rights Commissioner found that "the partnership (management and workers) should develop a protocol which could regulate transfers." The Union agrees that a fair system should be established without the fear of victimisation of individual workers.
COUNCIL'S ARGUMENTS:
4. 1. If the Council was to allow individual workers to determine where they will, or will not, work its right to manage would be completely undermined, thereby bringing about devastating consequences on a public service that is constantly under political, public and financial scrutiny.
2. The worker's terms and conditions of employment are not adversely affected in any way as he is carrying out similar work to that performed by him in Tymon Park. He is suffering no financial loss as a direct result of the redeployment and the depot at The Grange is closer to his home.
3. All workers, including the worker concerned, were informed of the move before the letters issued in May, 1997. Some workers were willing to move while others moved against their will. The Council is agreeable to negotiate an agreement with the Union to facilitate future redeployment of staff.
DECISION:
Having considered the submissions of the parties the Court accepts that the Council's right to transfer staff between depots in order to meet its operational requirements is not delimited by any agreement or established custom and practice. The Rights Commissioner was, therefore, correct in finding that the Council acted properly and without victimisation in transferring the worker and in recommending that the worker accept the transfer.
The Court also fully concurs with the Rights Commissioner's view regarding the need for a clear agreement between the parties regulating the transfer of Council employees. The Court would urge the parties to commence the process of concluding such an agreement as a matter of urgency so as to minimise the possibility of a similar dispute occurring in the future.
Signed on behalf of the Labour Court
Kevin Duffy
12th May, 1998______________________
D.G./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Dympna Greene, Court Secretary.