FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MAC RENTAL LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AUTOMOBILE, GENERAL ENGINEERING AND MECHANCIAL OPERATIVES UNION TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Introduction of Vehicle Management System with Global Positioning System capability
BACKGROUND:
2. Mac Rental Ltd t/a the Cat Rental Store is a wholly owned subsidiary of the McCormick MacNaughton Group and is engaged in the plant and tool rental sector servicing both the household and construction industry markets. The Company has one hundred and ninety eight employees. The Union’s claim before the Court concerns a dispute between the Union and the Company in relation to the introduction of a Vehicle Management System (VMS) by the Company. The Company contends that the VMS will facilitate improved fleet management, route planning and scheduling and will in turn contribute to improved efficiency, customer service and reduced costs.
- The Unions have objected to the introduction of the new system as they consider it to be an intrusion and invasion of privacy of their members. The Unions contend that their members do not have a principled objection to co-operating and utilizing new forms of Time Management, Communication and Recording Systems. They do, however, object to the further imposition of an unnecessary intrusion in their working environment. All aspects of high tech efficiency, safety and quality modern communications are available through the current systems.
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 reached, the dispute was referred to the Labour Court on the 10th November, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th January, 2006, the earliest date suitable to the parties.
4. 1.The use of Vehicle Management Systems is now common practice in industry in general and in the plant and tool sector specifically. The McCormick MacNaughton Group in Northern Ireland currently operates such a system, while the rental arm of the business in Northern Ireland has also recently introduced it.
2.The Company has exhaustively and comprehensively demonstrated the rationale for and the benefits of the system. The Unions have never questioned or disputed the potential benefits but rather have a principled objection to what they regard as invasion of privacy. There is no reasonable basis for the Unions principled objection in this regard. The Company has made it clear, through a written Code of Practice, how the system will be operated.
3.It is not the Company’s intention to use the system as a Performance Management mechanism or a monitoring tool and it is the Company’s view that the Code of Practice provides the necessary protection for both sides in this regard. The introduction of this system will contribute to containing and reducing costs and the Company should be supported by the Unions in its efforts in this regard in the best interests of all concerned.
UNION'S ARGUMENTS:
3. 1.There are approximately sixty drivers/vehicles affected and the Union’s members believe that they are already well supervised with the systems currently in place. There are tachographs in the vehicles and mobile phones, which enables management to contact employees at all times. Good communications with the base have always been maintained through the use of mobile phones and there have never been complaints in relation to this.
2.Employees are currently monitored going on and off site, breakdown report sheets cover the time on site and are signed off by the site agent or appropriate persons. The Union's members also operate a Human Resource and Time Management System, which has only recently been put in place.
3.McCormick MacNaughton, which represents the heavy-duty construction equipment side of the business does not have a tracking system in place, neither is the Company’s intention to put the system in place in other company vehicles.
RECOMMENDATION:
The dispute before the Court concerns the Company's proposal to introduce a Vehicle Management System to track vehicles using a Global Positioning Satellite (GPS) system. The Union raised serious objections to the proposal and expressed their fears and anxieties concerning the use of such a system; explaining that it represented an intrusion and invasion of drivers' privacy. Management outlined the necessity for the system and gave assurances regarding its use, stating that it was not its"intention to use the system as a performance management mechanism or a monitoring tool"and explained that its"Code of Practice would provide the necessary protection for both sides"in that regard.
Having considered the views of the parties expressed in their oral and written submissions, the Court finds in favour of Management's proposal to introduce a Global Positioning Satellite (GPS) system into its vehicles. Accordingly, the Court recommends that the parties should meet to discuss the introduction of the system. These discussions should agree a date for its introduction; finalise a jointly agreed Code of Practice for use of the system to take account of the Unions' concerns as outlined at the Court hearing and negotiate a compensation sum in return for full co-operation with the use of the system. The Court recommends that these discussions should commence immediately and be finalised within a period of six weeks.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th_January, 2006______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.