FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL - AND - AGEMO TRADE GROUP SERVICES INDUSTRIAL PROFESSIONAL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Recommendation IR20856/04/LM.
BACKGROUND:
2. The workers concerned are employed in the Council's Refuse Section. In an attempt to resolve difficulties between two workers the Human Resources Department of the Council decided to allocate the two workers to separate crews. When local management attempted to replace one of the workers on his regular truck a number of other workers refused to work that day in support. The Council then decided to 'dock' one day's pay and allowances from the workers concerned. The Council agreed to defer their decision until a third party made a recommendation on the matter.
The issue was referred to a Rights Commissioner for investigation and recommendation. The Council did not attend as it had not received notification of the hearing. The Rights Commissioner recommendation issued on the 15th November, 2004, as follows:
"That a days pay is not deducted from any of the claimants by South Dublin County Council".
The Council appealed the recommendation to the Labour Court on the 2nd December, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th March, 2005.
COUNCIL'S ARGUMENTS:
3. 1. The Council refutes the claim that the unions made a genuine effort to compromise with local management.
2. The workers concerned breached the 'status quo' clause of the grievance procedure.
3. The Council incurred an additional financial cost to ensure a refuse collection in days subsequent to the day of the incident.
UNIONS' ARGUMENTS:
4. 1. The Unions offered local management compromise on the issue.
2. The Union members who remained in the yard did so for the purpose of making representations to the local management on behalf of their colleague.
3. It is the Unions' understanding that the bins not collected on the day of the dispute were collected during the course of the week at no additional cost to the Council.
DECISION:
Having considered the views of the parties expressed in their oral and written submissions, the Court is of the view that the situation, which arose concerning the efforts made to resolve difficulties between two individuals, could have been handled better by involving representatives from both individuals in a resolution process.
In all the circumstances of this case, the Court recommends the deduction of half days pay and the non-payment of allowances from those employees who took part in the work stoppage on 5th July 2004.
The Court further recommends that the cost of overtime paid out for that day (identified as €1582) should not be taken from the Wheelie Bin Bonus - the pool bonus.
The Court varies the Rights Commissioner's recommendation accordingly. The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st April, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.