FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST - AND - CIVIL AND PUBLIC SERVICE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Closure of Kilbarrack Archive and outsourcing of same.
BACKGROUND:
2. The issue before the Court arises from a decision by An Post to outsource its Document Storage and Retrieval function currently based at Kilbarrack and at a number of other locations in Dublin.
The Central Operations Area of the Company employs circa 210 people including 1 Staff Officer and 5 Business Support Officers in Kilbarrack.
The Central Operations Area process documentation in relation to National Treasury Management Agency products and Department of Social & Family Affairs documentation including imaging of forms etc.
A review of document retention and storage processes recommended as part of a Central Operations risk review exercise found that there were serious problems with the current system of document storage and retrieval.
Following a presentation to the CPSU by Management on the 3rd March, 2006 and an agreement reached in 2007 between An Post and the CPSU the Company moved in early December to initiate the closure of the Kilbarrack storage facility and commenced discussions with the Union.
A number of meetings took place between the Company and the Union in 2006, 2007 and 2008 but no agreement could be reached on the proposed closure.
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 30th September, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th October, 2008.
UNION'S ARGUMENTS:
3. 1.The Union maintains that it has demonstrated its ability to react and change when Company and business conditions demanded. The Union does not believe that in this instance the Company are justified in it's approach to the Kilbarrack facility.
2. The Union believes that the business environment has changed enough to affect the original costing and rationale for the original proposal.
3. The Union is prepared to assist the Company with any plans to look at the efficiency of the Kilbarrack site.
COMPANY'S ARGUMENTS:
4. 1. The Company's position is that the decision has been taken to outsource the document storage and retrieval operation currently in Kilbarrack for sound business and commercial reasons.
2. The Company has set out the business case for the outsourcing of the document storage and retrieval function with the Union in a number of meetings over the past two years.
3. In line with the 2007 Agreement, the Company has also set out its willingness to address any staff impact issues arising from the outsourcing of this work with the Union.
RECOMMENDATION:
The matter before the Court concerns the Company’s proposed closure of Kilbarrack Archive and its plan to outsource its Document Storage and Retrieval functions. The Union expressed its opposition to the outsourcing plan and sought to assist the Company with necessary efficiencies.
Having considered the positions of both sides as expressed in their oral and written submissions the Court is satisfied that the Company has put forward sound commercial efficiency and security reasons for the outsourcing of its Document Storage and Retrieval functions at Kilbarrack. On that basis the Court recommends that the Union should engage as speedily as possible in negotiations on the redeployment of the staff impacted by the Company’s proposals.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd November, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.