FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Proposed closure of Mechanical Section.
BACKGROUND:
2. This dispute arose from the Employer's decision to close its Mechanical Section which provides a maintenance service for some of the Council's vehicles. The Employer claims that the Mechanical Section is no longer viable as many of its vehicles are now leased with leases which include maintenance. The Union claims that no sustainable case has been made for the closure of the Mechanical Section.
This 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 20th May 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th July 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Council's decision to close the Mechanical Section, which was made without any prior consultation with the Union, is consistent with its policy of outsourcing the work of as many outdoor staff as possible. Staffing figures for the Council show a steady decrease in outdoor staff numbers yet a steady increase in administrative and managerial grades.
2. The Union's claim that the Council relied on a flawed consultant's report to justify its decision to close the Mechanical Section is proven by the Council's need to commission a second consultant's report to correct the first consultant's report. The Union was not consulted prior to the Council engaging either of the two consultants.
3.The Union believes that an agreed independent facilitator should be appointed to examine the role and function of the Mechanical Section with a view to improving efficiencies and reducing costs.
EMPLOYER'S ARGUMENTS:
4. 1. The Council is satisfied that there is serious over-capacity in the Mechanical Section. The volume of work being sent to outside garages is growing due to the increasing sophistication of modern machinery.
2. The Council's proposals do not involve any compulsory redundancies as the employees concerned could be redeployed elsewhere.
3.While the first consultant's report contained disputed financial data, the second consultant's report addressed this and also recommended radical change in the way the Mechanical Section is run.
RECOMMENDATION:
The Court has considered the oral and written submissions of both parties and having regard to the current situation, which exists between the parties, the Court makes the following recommendation in order to progress the matter: -
- The Court recommends that the parties should avail of the services of a Facilitator, who should be appointed to assist both sides to address the matter of the future viability or otherwise of the Mechanical Section of the Council, with the assistance of the two reports* already completed. The Court recommends that this process should be treated as a priority and the parties should endeavour to complete it as soon as possible, but not later than 30th November 2008.
The Court should be informed of the progress of the Facilitation process at its completion.
The Court so recommends.
* "Dun Laoghaire-Rathdown County Council Report on Vehicle Fleet Review" by Fleet Audits Limited, UK November 2006 and Financial Review of Mechanical Section Services in Dun Laoghaire-Rathdown County Council" by Michael Redmond Company Limited, July 2008.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th August, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.