FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH WEST REGIONAL FISHERIES BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Matters Relating To Re-Location From Cork City To Farnanes
BACKGROUND:
2. The Board has moved its base from Wellington Bridge, Cork City to Farnanes, which is a distance of approximately 15 miles. The Union claim that this move has been undertaken without consideration being given to the impact on staff. Of the three Claimants, two live in Cork City and the other in Midleton, Co. Cork. The Union claim that the move to Farnanes will cause difficulties and loss for those workers concerned. Until recently a van had been at the disposal of the Claimants. No payment or time allowance has been offered to the Claimants in light of the move. The Board maintains that the move is a strategic one and is covered under the Towards 2016 Agreement modernisation programme.
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 29th February, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th May, 2008.
UNION'S ARGUMENTS:
3. 1 While Towards 2016 talks about agreement on relocation no distance is agreed. In the Union's view 15 miles is totally excessive and is an unwarranted cost in money and time on its members. The time involved could vary from 30 to 45 minutes each way depending on traffic.
2 It makes no sense from a staff point of view to move from Cork City to Farnanes. In the event of a call out in Cork City staff would have to drive to Farnanes first to pick up a vehicle and equipment. It is totally unacceptable that they be expected to travel on their own time and at their own expense in their own transport.
3 The proposed transfer of base is illogical and ill thought out. It would place an unnecessary and unwarranted burden on our members affected.
COMPANY'S ARGUMENTS:
4. 1 The decision to change bases is a strategic one and provides the staff with state of the art facilities compared to those currently available. The new base is located within the River Lee catchment area which is the operational area of the staff concerned.
2 The Board believes that the reassignment of base is catered for under the existing Staff Scheme and is supported by the provisions of the Towards 2016 modernisation agreement. The Board does not think that the distance of 15 miles to the new base is excessive and will not inconvenience staff to any great extent.
3 There is precedent within the Inland Fisheries Service regarding reassignment of base. On both previous occasions no compensation was paid.
RECOMMENDATION:
The Court notes that the management have made an offer to facilitate the move to Farnanes. This offer incorporates a proposal to operate a dual base for a period of three weeks.
In the particular circumstances of this case the Court believes that it would be reasonable to increase the period over which the dual base would operate. Accordingly the Court recommends that this arrangement apply over a period of 13 weeks.
The other elements of the Board's offer should be accepted.
This recommendation is made having regard to the particular circumstances pertaining in this case. It is not intended to have any precedent value in this or any other employment.
Signed on behalf of the Labour Court
Kevin Duffy
28th May, 2008______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.