FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROAD SAFETY AUTHORITY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Management Proposals for Driver Testing service under Public Service Agreement 2010-2014
BACKGROUND:
2. This case concerns a dispute between IMPACT and the Road Safety Authority in relation to proposals contained in the Authority's action plan under the Public Service Agreement 2010-2014 (PSA). The proposals concern the following issues:a) Driver Testing Technical Service Acreditation ISO9001 &17024,b) Driver Testing Technical Training, c) Driver Tester Application System d) Extra Winter Test, d) Elimination of Short Outs, e) ADI's (Approved Driving Instructors) accompanying Testers on Drving Tests f) Motorcycle testing, g) Staffing of mobile test centres, h) Use of external staff in managing waiting times and i) Supervisory and Grade Restructuring.
The issues were not resolved at local level and were the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 5th April 2012, in accordance with Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on 24th May, 2012
Position of the parties:
a)Driver Testing Technical Service Acreditation ISO9001 &17024, andb) Driver Testing Technical Training,
- These are ongoing and both parties are engaging in the process.
c) Driver Tester Application System
- This relates to a hand held technological device for marking tests as opposed to paper marking sheets. The Union has concerns relating to Health and Safety, Training and the most appropriate device to be used. Management has committed to addressing the Unions concerns and consulting with the worker in relation to the most appropriate device to be used.
d) Extra Winter Test and Change in annual leave notification from five weeks to eight weeks
An additional test is now carried out each day (there are now eight tests per day). In addition a requirement now exists that eight weeks notice will be given in relation to the taking of annual leave. The Union contends that management committed to formulating proposals in relation to flexible working arrangements to facilitate these change, which have not yet been brought forward.
e) Elimination of Short Outs,
This relates to working at a test centre other than the normal base. When working in such a situation testers are allowed use the first and last test time as travelling time to and from the temporary base. Management are seeking to keep these test times for tests and pay overtime for the time spent travelling to and from work. The Union does not accept this as it is seen as compulsory overtime and also has personal implications for the testers.
f) ADI's (Approved Driving Instructors) accompanying Testers on Driving Tests.
A pilot scheme is to be introduced relating to Driving Instructors accompanying Testers on driving tests. This is in place in the UK subject to specific guidelines being met. The Union is seeking that similar guidelines be put in place in relation to the RSA's proposals. Management's intention is to introduce the system on a pilot basis for two months and to address any issues that arise.
g) Motorcycle testing,
Motorcycles have been purchased for the purpose of conducting bike to bike testing. The Union contends that management has not taken into account its members concerns and has effectively ignored a working group that was formed to discuss the relevant issues on this initiative. Management contends that this is not the case and that all concerns will be considered.
h) Staffing of mobile test centres,
The Union accepts that mobile test centres may be necessary at times but are concerned that permanent centres may be permanently closed over time in favour of mobile centres. The Union does not accept these centres as an appropriate permanent place of work.
i) Use of external staff in managing waiting times
The parties are in dispute in relation to the use of external testers in situations where tests are being cancelled due to the absences of regular testing staff. The Union further contends that using external testers effectively amounts to outsourcing the service which it oes not accept. It is seeking that redeployment and use of retired testers would be more appropriate if the need arises. Management contend that it must continue to ensure that all tests are carried out within a period of 10 weeks from receipts of application.
j) Supervisory and Grade Restructuring.
The parties are in dispute in relation to the proposed new staff and supervisory structures. The Driver testers contend that they should benefit in the new structure as a result of savings and efficiencies that they have generated. Management contends that a working group on these issues failed to reach any level of agreement.
RECOMMENDATION:
- The Court notes that this dispute has come before it under the terms of the Public Service Agreement 2010-2014. That Agreement commits the parties to the implementation of improved efficiencies and change. A range of issues have been identified by the RSA involving changes in current practices and methods of service delivery with which they are seeking the cooperation of the Union.
Approach of the Court
In considering the issues before it, the Court has distinguished between changes that involve doing essentially the same job in a more efficient way and more fundamental change impacting to a significant degree on established conditions of employment. In the case of the former, the general approach of the Court is that the changes should be accepted and any residual issues resolved while continuing to cooperate with the new arrangements. Where change comes within the latter category agreement should be obtained through normal industrial relations procedures, and in default of agreement through third party final adjudication in accordance with the Clause 1.24 of the PSA.
Applying that general approach to the issues in disputes the Court recommends as follows: -
Driver Testing Technical Accreditation – ISO 9001 and 17024The Court recommends that the Authority’s proposal be accepted.
Driver Testing Technical Staffing Training
The Court recommends that the Authority’s proposal be accepted
Driver Testing Application System
The Court recommends that the Union should cooperate with the new technology being introduced by the Authority. This technology should be used only for the purposes for which it is intended. Specifically it should not be used for industrial relations or related purposes including disciplinary issues. The use of this technology should be monitored so as to address any health and safety issues that may arise in relation to its use.
Maximising Driver Tester Productivity
Change the five week rule to eight weeks
The change proposed by the Authority should be agreed. Further discussions should be held on the introduction a Family Friendly Policy as sought by the Union.
Extra winter tests
This proposal should be accepted on the same basis as that recommended in respect to the change in the five week rule.Staffing of mobile Test Centres by Driver Testers
The Court recommends that the Authority’s proposal be accepted. The parties should have further discussions on the details arrangements that are to be put in place.
Motorcycle (Bike to Bike) Testing
The Court recommends that the Authority’s proposal be accepted and that a monitoring arrangement be put in place to deal with any issues that arise in the operation of the new arrangement.
Use of external staff to assist in managing waiting times
This proposal should be accepted. The use of external staff should be confined to meeting temporary needs of the Authority arising from short term absences or other such exigencies.
Elimination of “Short Outs”
It is noted that the objective of this proposal is to deliver an additional 1,800 tests per year within existing resources. However, if the Authority’s current proposal were to be implemented it would involve a significant change in the established conditions of employment of existing staff in that it would require a commitment to mandatory overtime.
The Court recommends that further discussions should take place with a view to identifying if and how the Authority’s stated objective could be achieved without requiring testers to work overtime on a compulsory basis. If alternative means of achieving the objective cannot be identified this matter may require further consideration by the Court. In the interim the proposal should be implemented on a voluntary basis.Approved Driving Instructors accompanying Driving Testers o Driving tests
This proposal should be accepted. The Authority should agree to developing and implementing a code of practice in similar terms to that in other jurisdictions referred to in the course of the hearing. Further discussions should take place between the parties on the development of such a code of practice.
Grade Restructuring
It is noted that the Authority have not yet produced firm or detailed proposals on this issue. When firm and detailed proposals are produced they should be the subject of discussions between the parties.
Implementation of ProposalsWhere the Court has recommended acceptance of the Authority’s proposals, and has provided for further discussions on particular aspects of the arrangements to be put in place, the proposal should be implemented, in accordance with Clause 1.23 of the PSA, while those discussions continue. If agreement is not reached in the recommended discussions outstanding matters may be referred back to the Court, by either party, for final adjudication.
Signed on behalf of the Labour Court
Kevin Duffy
25th June 2012______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.