FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INSTITUTES OF TECHNOLOGY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Introduction Of Electronic Clocking System.
BACKGROUND:
2. This dispute concerns the introduction of an electronic clocking system for technical grades. The Employer claims that the introduction of an electronic clocking system is a requirement under both 'Towards 2016' and the Organisation of Working Time Act, 1997, and wants this electronic clocking system to be used by technical grades four times a day i.e. clocking in at the start and out at the end of the day, and clocking out and back in for lunch. The Union claims that clocking in at the start and finish of the day is sufficient and that the requirement to clock out and back in for lunch is unreasonable.
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 17th October, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th February, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The introduction of an electronic clocking system is both unreasonable and unnescessary as there has been no instance of a problem with the attendance of technical staff.
2. The proposedelectronic clocking system would jepordise the Workers' flexible approach to supporting the staff and students of the Institutes.
3.The Employer has not acted in accordance with the process laid out in 'Towards 2016' for achieving greater efficiency and effectiveness.
EMPLOYER'S ARGUMENTS:
4. 1.The introduction ofan electronic clocking system is 'normal ongoing change' per Section 27.3 of 'Towards 2016'.
2. In December 2006 the Union formally accepted an Action Plan for the Institutes of Education which specifically allowed for the introduction of 'electronic attendance recording'.
3.The introduction of an electronic clocking system will enable the Employer to comply fully with its obligations per 'Towards 2016' and the Organisation of Working Time Act, 1997.
RECOMMENDATION:
The matter before the Court concerns the implementation of Section 27.3 and 31.50 of “Towards 2016”.
Section 27.3 states:
“Flexibility of working is a key requirement in the achievement of greater efficiency and effectiveness in the public service. In light of the importance of this issue, the parties to this agreement will co-operate with normal ongoing change and the flexibility and modernisation provided for in Sections 28 to 32”.
Section 31.50 states:
“The parties to this agreement recognise the requirements of the Organisation of Working Time Act, 1997 and the need for the safe and efficient allocation of resources within the Institutes of Technology. Accordingly, the parties agree to review jointly the current attendance recording arrangements, to research the changes necessary to achieve compliance with the above requirements and objectives and jointly to develop suitable customised schemes including electronic attendance recording, to be implemented by the end of June 2008”.
In accordance with the Agreement, Management sought to introduce an electronic clocking system to record time and attendance and required Technical Officers to clock in/out four times per day, i.e. clock in at the start of the working day, clockingout and back in for lunch, and at end of the working day.
The Union accepted in principle the introduction of electronic attendance recording, and agreed to clock in at the start and end of the working day, however, it objected to clocking in and out for lunch.
Having considered the position of both sides, the Court is of the view that under the terms of the Agreement management have the right to look for the introduction and implementation of an electronic time and attendance recording system, in order to comply with the requirements stipulated. Accordingly, the Court recommends that the Union should fully co-operate with management’s requirements on implementing the new system as soon as possible.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th February, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.