FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD GAIS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Alleged breach of agreement and consequent loss of earnings.
BACKGROUND:
2. This dispute concerns the interpretation of a long-standing agreement that if call-out supervision cover is required outside normal working hours, only Bord Gáis supervisors would provide that cover.
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 21st April, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd December, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company is in breach of a long-standing agreement by bringing in contractors to do this work.
2. The Company's action has resulted in a significant loss of earnings for the supervisors concerned.
3.The long-standing agreement on the provision of call-out supervision should be restored and compensation paid for loss of earnings.
COMPANY'S ARGUMENTS:
4. 1. The Company is not in breach of any agreement.
2. The Company introduced contractors to ensure that there was sufficient cover.
3.The Company must be allowed to make whatever changes are necessary for the safe operating of its business.
RECOMMENDATION:
The Court recommends that the Company agree to divide the pool between the participating directly employed supervisors in respect of the years 2008 and 2009 in line with previous practice. The parties should then enter discussions on a new arrangement to apply in 2010 and subsequent years.
These discussions should be completed within three months from the date of acceptance of this recommendation. If final agreement is not reached that matter may be referred back to the Court
Signed on behalf of the Labour Court
Kevin Duffy
5th February, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.