FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST - AND - COMMUNICATION WORKERS UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. New Collection and Delivery Agreement
BACKGROUND:
2. The case before the Court concerns a dispute between management at An Post and the Communication Workers Union in relation to the introduction of work practice changes in the collection and delivery area of the company.
In May 2000, the Transformation Through Partnership in An Post Agreement (TTPA) was negotiated and agreed between the parties whereby discussions would take place on areas of the business where changes/improvements were necessary.
In May 2003, following extensive discussions on the TPPA, a "Proof of Concept" (POC) phase was implemented whereby the redesigned working arrangements were
trialed at three of four selected pilot offices.
This POC phase was subsequently postponed while a financial review of the company was undertaken.
The Union is seeking that the Company should advance proposals as provided for in the TPPA and for immediate discussions to commence between the parties under the auspices of the Labour Relations Commission.
The Company rejects the Union position and is seeking that the Agreement entitled "Redesigned Working Arrangements in Collection and Delivery Operations" be implemented immediately without further amendment.
RECOMMENDATION:
Sustaining Progress
The Court recommends that the parties should immediately initiate the process provided for under Clause 1.10 of the pay agreement associated with Sustaining Progress to address the Company's plea of inability to pay outstanding increases under the agreement. In that regard the parties should request the LRC to appoint assessors to report on the economic, commercial and employment circumstances of the Company. The parties should also consider requesting the assistance of IBEC and ICTU in the process, as provided for in Clause 1.10 (ii) of the Agreement.
Redesigned Working Arrangements
Having regard to the range and complexity of the issues between the parties, and the absence of any level of agreement on the underlying rationale of the Company's proposal, the Court does not consider it appropriate to make definitive recommendations at this time.
The Court is of the view that an inclusive process should be put in place to facilitate the parties in addressing the totality of the business and industrial relations issues arising from the Company's restructuring proposals. The Court notes that while disagreeing with the detail of what is proposed the Union nonetheless accepts the need for modernisation and change in the current operations of the collection and delivery service, including the work practices involved.
The Court believes that the best means of progressing the issues in dispute is to establish a Technical Group having business and industrial relations expertise which, in the context of the Company's proposals, could assist the parties in identifying, and reaching agreement on, the best means of achieving the degree of change and cost savings needed to ensure the continued viability of the Company.
This group should work with the parties in an intensive process for a period not exceeding 13 weeks.
Over this period it should seek to facilitate the maximum degree of agreement possible. On or before 6th May, 2005, the Group should report to the Court and make such recommendations as it considers appropriate.
Having received the report from the Technical Group the Court will issue definitive recommendations.
The recommended composition of the Technical Group will be separately notified to the parties.
Signed on behalf of the Labour Court
Kevin Duffy
8th February, 2005______________________
AH/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.