FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEAGASC - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Compensation for transfer from Belclare to Athenry.
BACKGROUND:
2. The Union has submitted a claim on behalf of staff who were transferred from Belclare to Athenry following the closure of the Teagasc centre at Belclare.
The Union claims that the change has resulted in staff having to travel an extra forty miles per day. The change of location involves staff working an extra 1.5 hours longer than heretofore. It also curtails workers' freedom to go home at lunchtime and effectively stops them doing overtime.
Furthermore, management proposes to end the meal allowance of £5.65 per week (eating on site) when the transfer is completed. The Union objects to this proposal.
Teagasc states that the centre at Athenry has canteen facilities and that the meal allowance (eating on site) will not apply. It has agreed to the maximum public sector payment of a "once off" payment of £80 per mile for those transferring to the new location.
As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 8th February, 2000. The Industrial Relations Officer(IRO) put forward proposals to resolve the dispute but were rejected. The dispute was referred to the Labour Court on the 24th July, 2000 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 10th October, 2000.
UNION'S ARGUMENTS:
3. 1. The eating on site allowance should be maintained when workers transfer to the new location at Athenry.
2. The distance between Belclare and Athenry is twenty miles. Workers should be compensated for the inconvenience involved.
3. The workers transferring to Athenry will have a 1.5 hours longer working day. It also curtails workers' freedom to go home at lunch time and effectively stops them doing overtime.
4. The "once off" payment of £80.00 per mile has been in place for over twenty years. It does not take account of rising fuel prices, inflation etc.
TEAGASC'S ARGUMENTS:
4. 1. Management cannot agree to the continued payment of an "eating on site" allowance as there are canteen facilities available at the Athenry site.
2. The lands at Belclare were leased and are now being returned to their owners as they are no longer required.
3. Staff who do not wish to transfer to Athenry can avail of a voluntary early retirement package which is on offer.
4. Teagasc is endeavouring to accommodate staff from Belclare by continuing to employ them, in circumstances where redundancies could be justified.
5. Any improvements in the terms of transfer for this category of worker could have implications for other groups who have already accepted the terms on offer.
RECOMMENDATION:
The Court has given careful consideration to all aspects of this dispute.
An agreement was reached between management and the Union in 1997, which the Court is satisfied, covered all workers transferring from Belclare to Athenry, at the time in the case of the Sheep Programme or at a later date in the case of the Cattle Programme. However, while being very specific on the temporary aspects of this transfer the agreement was not specific on the permanent transfer.
- Management have indicated that the package available for the permanent transfer entails the option to accept a voluntary redundancy payment or to transfer with the payment of £80.00 per mile disturbance compensation. Management have also indicated that a temporary arrangement is available on travelling time for acceptance of the overall arrangements including the extra 15 minutes working time, which is involved at Athenry.
The Court recommends acceptance of each of the terms.
- As individual employees will be entitled to different payments the Court recommends that management should clearly outline details of both the redundancy package and the disturbance compensation in respect of each person.
- On acceptance of the permanent transfer arrangements, the Court recommends that for those employees who cannot avail of the canteen facilities at Athenry, an eating on site payment should continue on a red circling basis for a period of 12 months. Management should agree to accept employees who identify themselves at the outset as not availing of the canteen facilities for that period.
The Court recommends that the above terms should be accepted in full and final settlement of the permanent transfer.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th October, 2000______________________
LW/SHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.