FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ABBEY THEATRE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Failure to comply with new time and attendance system.
BACKGROUND:
2. The Abbey Theatre has undergone organisational and managerial changes in order to remain financially viable. As part of this change a Biometric Time-and-Attendance System was introduced and currently 99 staff, mainly SIPTU members, are using it.The Union's case concerns the 4 BATU members who are refusing to use the system.
The system is being introduced in two phases, the first phase concerns Health and Safety issues and is already in place, the second phase is to monitor Time-and-Attendance and has not yet being "rolled-out". To operate, the system requires a fingertip to be inserted into a reader which converts the fingerprint into an encrypted algorithm and the worker then enters their unique pin number onto a pad.
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 24th October 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st June 2007.
UNION'S ARGUMENTS:
3. 1. The Union contends that the system would impinge on the fundamental rights of each worker using the system as it may store their fingerprint.
- 2.. The Data Protection Commission states that they can neither give a general approval to nor a general condemnation of Biometric Systems.
3. A key criterion in introducing these systems is the worker's consent.
COMPANY'S ARGUMENTS:
4. 1. There can be no infringement of fundamental rights as copies of fingerprints are not stored nor can they be retrieved from the new system.
2. The Data Protection Commission reviewed the system and agreed that it is compliant with all Data Protection legislation.
3. The Company has paid "Sustaining Progress" and the first phase of "Towards 2016". In exchange for National Wage Agreement payments the Company expects compliance with technological advancement.
RECOMMENDATION:
The Court notes the safeguards built into the new time management system. It regards use of the system as normal ongoing change and recommends that the Union's members comply with the use of the system.
Signed on behalf of the Labour Court
Raymond McGee
13/06/2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.