FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE DUBLIN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Short-term car parking.
BACKGROUND:
2. The dispute concerns a claim, on behalf of approximately 500 College staff, for free external parking, while construction at the College, which is severely restricting parking, continues. The Union's position is that staff, many of whom have no other transport options, have to come in earlier and earlier to secure parking. The Union, while accepting there is no guaranteed right to car parking, is citing custom and practice over many decades in support of its claim. A working party of the College Site and Facilities Committee, the Car Parking Working Group, was established in 1999 by the College, to consider, and report on, car parking issues in the College. Membership of the Group was, subsequently, extended to include staff representatives. The Group issued a report on the matter of car parking in the College, in April, 2000, following which staff representatives resigned from the Group.
In the meantime, the College was engaged in discussions with the College Group of Unions and SIPTU on the matter. SIPTU recently broke with the College Group of Unions on the issue and balloted for industrial action (2 to 1 in favour). The Union is seeking that the College must negotiate with it on its claim in relation to car parking in the College. On the substance of the claim, the Union is seeking the safeguarding of the established facilities for its staff, i.e., the provision of free external parking spaces on a first come first served basis for about one year. In return, the Union would agree to encourage staff to use alternative means of transport, thereby reducing the number of cars coming into the city centre. The dispute was the subject of three conciliation conferences, under the auspices of the Labour Relations Commission, following which agreement was not reached. The matter was referred to the Labour Court, on the 22nd August, 2000, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation, on the 10th October, 2000, the earliest date convenient to both parties.
UNION'S ARGUMENTS:
3. 1. Staff in the College have been able to park their cars on campus for several generations. While no written regulation exists providing for such parking, the Union's case rests on the de facto existence of parking over the years.
2. Free car-parking should be retained at a minimum of about 550 spaces on the basis of 500 marked spaces that existed prior to June, 1999, and about 50 extra 'unofficial' spaces.
3. Staff who stayed in jobs in the College naturally took into account the practical advantage of free workplace parking. General Operatives, on a maximum basic of £243 per week, are faced with paying over £100 per week for alternative parking, which they would find impossible.
COMPANY'S ARGUMENTS:
4. 1. While eligible staff may use available car-parking spaces, they do not have an entitlement to car parking on campus as of right. Guaranteed access to free car-parking is not, and never has been, a condition of employment of any member of staff.
2. The College has taken all reasonable steps to consult with staff and seek their views and suggestions in relation to car-parking issues. Where possible, suggestions made by staff have been implemented. For example, an additional area has been set aside for staff who report for work in the early morning, thereby freeing spaces elsewhere in the College for other staff.
3. The Car Parking Working Group has taken a number of steps to increase the available parking space for eligible staff, including:
- (i) Using the 'An Post' site as a temporary pay car park during the construction of new buildings
(ii) Eliminating both visitor parking and unauthorised parking on campus
(iii) Reviewing the areas made available for parking and seeking suggestions from staff on possible solutions to the parking problems
(iv) Investigating tax-efficient public transport schemes for staff
(v) Obtaining exemption from planning permission constraints to allow for free staff parking for "pooled" cars on the An Post visitors' pay car park.
RECOMMENDATION:
While the Union submission sought to have the Court "rule that Trinity College must negotiate with us on the trade union claim in relation to car-parking in College", it would appear the College is prepared to meet on this issue.
Having considered the written and oral submissions made by the parties, the Court recommends that this matter be dealt with by the Car Parking Working Group or directly between the Group of Unions and the College.
Those discussions should, while taking into account the constraints on the College, seek to explore means of easing the problems arising for staff.
Signed on behalf of the Labour Court
Finbarr Flood
27th October, 2000______________________
MK/MKChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.