FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UPC (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - 80 TECHNICIANS, ETC (REPRESENTED BY UNITE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Introduction of GPS.
BACKGROUND:
2. UPC is the parent company of Chorus NTL and is the European division of Liberty Global Inc., the worlds' leading international cable operator which brings television, broadband internet and telephone services to its customers. In Ireland the Company employes 820 people directly and a further 300 additional people are employed by third party companies who provide services to UPC.
This is a joint referral by both the Company and the Unions regarding the proposal by the Company to introduce a GPS Fleet Management System, which it is claimed by Management will provide an enhanced service to customers.The decision will affect 50 Technicians and 30 Road Staff working in the greater Dublin area and is being resisted by the Unions as it is considered an invasion of privacy.
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 18th May, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th August, 2009.
UNION'S ARGUMENTS:
3. 1. The membership of the Unions are not prepared to accept the trackers at any price and a payment from the Company would not allow the GPS to be introduced.
2. The Unions are of the opinion that the benefits as stated in the Company's proposal are very relevant in a rural operation, however in the Dublin area they are of little assistance.
COMPANY'S ARGUMENTS:
4. 1. The scheme will help support the Company's obligations under the Organisation of Working Time Act by accurately measuring working times.
2. It will also help reduce costs by increasing route efficiency and reduce fuel consumption, measure travel times and improve routing efficiency.
3. Management are willing to build into an agreement a protocol whereby evidence collected by the GPS will not be used for prosecuting petty IR issues.
RECOMMENDATION:
The Court recommends that the parties should re-engage urgently in relation to the terms on which the GPS units should be introduced to the fleet.
Signed on behalf of the Labour Court
Raymond McGee
5th October, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.