FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ORDNANCE SURVEY IRELAND - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Agreement relating to outsourcing.
BACKGROUND:
2. Ordnance Survey Ireland (OSI) was established as a state body in 2002. It had previously been part of the Civil Service. In 2003 a Restructuring Agreement was concluded between OSI management and the unions. Part of this agreement concerned the outsourcing of certain categories of work.
The OSI now wish to outsource work involving a revision of maps which are 5 years out of date. The Agreement of 2003 allows for the outsourcing of this type of work to take place. The current dispute concerns the interpretation of certain provisions of the Restructuring Agreement in respect of the outsourcing of certain categories of work.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not be reached, the dispute was referred to the Labour Court on the 4th April 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th May, 2005.
UNION'S ARGUMENTS:
3. 1.The Union contend that OSI Management has broken the Restructuring Agreement and has also acted outside the terms of Sustaining Progress.
2. The Union is prepared to facilitate a certain level of outsourcing in this instance.
3. If agreement can be reached with the Union on outsourcing the Union will work with speed and not delay any part of the process.
MANAGEMENT'S ARGUMENTS:
4. 1.The outsourcing of work of the type being proposed is not new to OSI.
2. It is Management's interpretation that provisions 5.15-5.17 of the Restructuring Agreement facilitate its proposals regarding the proposed outsourcing of 'certain categories of work'.
3. It is Management's view that the collective interests of the organisation will be best served in implementing the limited outsourcing arrangement being sought.
RECOMMENDATION:
It is noted that the agreement between the parties provides for the outsourcing of certain categories of work. It is further noted that the work now in issue was previously outsourced. The agreement provides for consultation with the Union before this facility is availed of but it does not provide for negotiation on enhancements in pay and conditions of employment where work is outsourced.
In the circumstances of this case the Court recommends that the Union accept that the outsourcing proposed proceed. The Court further recommends that as a gesture of good will the employer agree to provide the Union with a commitment on GIS training, that new L4's be upskilled and staff be provided with one additional day of annual leave for the duration of the project.
Signed on behalf of the Labour Court
Kevin Duffy
19th May, 2005______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.