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. Definitive Recommendation arising from LCR18088
BACKGROUND:
2. The Labour Court in LCR 18088 recommended the establishment of a Technical group to 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". The Techical Group was asked to report to the Court on or before the 6th May 2005 making such recommendations as it considered appropriate. The Court would then issue definitive recommendations. The following is the Court's definitive Recommendation:
RECOMMENDATION:
In February 2005 the Court investigated a dispute between the Communication Workers Union and An Post concerning the Company’s proposals on redesigned working arrangements. In Recommendation 18088 the Court proposed the establishment of a Technical Group to facilitate 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. The Technical Group was asked to report to the Court which would then issue recommendations on the substance of the dispute.
The Court subsequently nominated Mr Phil Flynn, Mr Tom Pomphrett and Mr Eamon Ryan to constitute this Technical Group.
The Technical Group has engaged in an intensive process with the parties, has reviewed relevant supporting documents and has sought to access the issues on which a measure of agreement could be achieved. In its report to the Court the Technical Group has set out, in the form of a draft agreement, the terms on which work practice change should be introduced in the collection and delivery of mails. The Court has now considered the detail of the Technical Group’s proposals, which are annexed to this Recommendation. . It is fully satisfied that those proposals provide the best possible approach to achieving the necessary modernisation and change which An Post must attain so as to deliver an efficient and viable service in this area of its activity. The Court is also fully satisfied that the report contains a fair and balanced response to the conflicting positions adopted by the union and management at the original hearing before the Court and in their engagement with the Technical Group.
The Court now puts the report of the Technical Group to the parties and recommends that it be adopted.
The draft agreement recommended is intended to bring substantial benefits to both An Post and it employees. It is crucial that there be confidence in the implementation of the proposals, and that a framework is put in place which can resolve difficulties, should they arise, quickly and fairly. With this in view the Court further recommends that a monitoring group (comprising the members of the Technical Group appointed under LCR18088) be appointed to oversee the implementation of the agreement and to verify the achievement of savings in accordance with the timeframe set out for the phasing of the productivity payments referred to at Chapter 15 of the draft agreement. The findings of this monitoring group on all matters within its remit should be final and binding on all parties.
Finally, the Court wishes to set out in this recommendation its thanks and appreciation of the excellent work undertaken on its behalf by the members of the Technical Group.
Signed on behalf of the Labour Court
Kevin Duffy
12th July 2005______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.