FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UCD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioners Recommendation IR21105/04/TB.
BACKGROUND:
2. The appeal concerns a worker who is employed as a plumber on the College's maintenance staff since 1980. The dispute concerns the location at which the claimant is required to sign in/out. The College insists that under an agreement with craft workers in the College they have the right to require the claimant to sign in /out at these specific locations i.e. either in the Science Building or the Arts Building. The Union maintains that to sign in/out at these specified locations would bring the claimant into contact with workers with whom he has had difficulties in the past. This issue has been the subject of numerous correspondence between the parties. The dispute was referred to a Rights Commissioner for investigation. On the 18th January, 2005 the Rights Commissioner issued his recommendation as follows;
"The claimant must accept that the College has the right to specify where he should report.
The College must exercise a duty of care to the claimant. The claimant should detail the difficulties to which he has referred. The College should investigate any matter detailed by the claimant and should take appropriate action to resolve any identified problem."
On the 16th February, 2005 the Union appealed the Rights Commissioner's Recommendation to the Labour Court. The Court heard the appeal on the 31st May, 2005.
UNION'S ARGUMENTS:
3. 1. The claimant is not willing to sign in/out at the locations specified by Management as the major problems experienced with other workers in the past may re-occur. If this happens his personal welfare and health may be seriously affected.
2. The claimant is willing to sign in/out in the Agriculture Building where his workshop and rest room is located and where he carries out his business, without the danger of coming into contact with those whom he seriously believes to be a problem and who gave him significant difficulties in the past.
COLLEGE'S ARGUMENTS:
4. 1. The Union as the representative trade union for plumbers in the College has accepted the terms of the Modernisation/ Change Agenda, the implementation of which is required for the payment of all phases of Parallel Benchmarking and all the standard pay awards as set out in Sustaining Progress. All craftworkers including the claimant have benefitted from these increases. Section 3(ix) of the Change Agenda provides that 'craftworkers will report as requested to specified location'
2. Conceding that the claimant is only required to sign in /out where he sees fit undermines the Parallel Benchmarking Process across the Public Service and may result in claims from other individuals or groups of staff for special treatment.
DECISION:
Having considered the stated positions of the parties, the Court upholds the Recommendation of the Rights Commissioner as being balanced and reasonable, and so decides.
The Court notes that-
-the claimant accepts that the College has the right to specify where he should report
-the College accepts that it has a duty of care to the claimant.
There is, in the Court's view, an obligation on both sides to cooperate with finding a course of action calculated to avoid any unpleasantness in the future. The Court trusts that both parties will play their part in achieving this aim.
Signed on behalf of the Labour Court
Raymond McGee
7th June, 2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.