FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CARLOW COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - TWO GENERAL OPERATIVES (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Proposal by Carlow County Council to change the terms and conditions of General Operatives at Carlow landfill site.
BACKGROUND:
2. Carlow County Council operates a landfill and recycling centre at Powerstown. A number of General Operatives are employed there. Waste is currently being deposited in the landfill by Waterford City Council and Waterford County Council, however, the agreement with these local authorities is to expire in the coming weeks. This will lead to a significant reduction in the income for the landfill and a substantial reduction in the use of the landfill.
The Council reviewed the entire operation of the landfill with a view to reducing costs in the current economic climate.The Council proposed a number of mechanisms to reduce costs including a review of the working hours of all staff.
The Union objected to any change being made to the current working arrangements.
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 7th May 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd June 2009.
UNION'S ARGUMENTS:
3. 1.The working week is clearly defined as from Monday to Friday in the terms and conditions of the contracts of employmnet of the Workers concerned.
2.The Union maintains that the Council has not engaged in any meaningful way n attempted to explore options to find a mutually acceptable solution to the issue.
3.The Union does not accept the Council's stated position that Cause 6 of the contract of employment expressly gives the right to Management to change the defined days of the working week.
MANAGEMENT'S ARGUMENTS:
4. 1.The Council maintains that the contracts of employment state that 'the Council reserves the right to alter your hours of work from time to time'.
2. The Council did suggest that it would consider the redeployment of the Workers affected by the proposed change on the understanding that it would seek volunteers to transfer to the landfill site, but this offer was not pursued by the Union.
3. The Council is obliged to ensure value for money in its operations, particularly at a time when resources are scarce. The Council is seeking the flexibility required of staff in this climate of employment uncertainty.
RECOMMENDATION:
The Court is of the view that the issues arising in this case have not been the subject of meaningful discussion between the parties, bearing in mind that Clause 6 of the contract of employment clearly refers to Monday to Friday working. The Court notes that the Union accepts that the changes in the landfill arrangements must be addressed.
The Court therefore recommends that the parties should re-engage as a matter of urgency, with the assistance of the LRC if necessary, and attempt to resolve the issues between them. This process should conclude by 30th June 2009.
Signed on behalf of the Labour Court
Raymond McGee
8th June 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.