FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CENTRAL BANK OF IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Third party provider being on site
BACKGROUND:
2. This dispute concerns the introduction of a third party security company to provide a remote and separated layer of security at the Bank. 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 15th February, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 18th February, 2013.
RECOMMENDATION:
The Court is satisfied that the measures proposed by management are necessary in order to respond to a situation of immediate risk. Consequently, the proposals fall for consideration within the principles set out by the Court in Recommendation LCR15271 of 26thJuly 1996.
Point (2) of that Recommendation provides that in the type of situation which now exists the changes envisaged should be accepted while discussions continue.
The Court, therefore, recommends that the specific proposal put forward for a limited and temporary security arrangement involving an outside security provider be accepted and implemented subject to what follows:
(1)The proposed arrangements should be clearly understood as temporary.(2)In tandem with acceptance and cooperation with this measure an independent person nominated by the Court will be appointed to examine the issues which have arisen for both parties in this matter.
(3)The name of the independent person nominated by the Court will be conveyed to the parties in a separate letter issued in conjunction with this recommendation,
(4)The scope of the examination will encompass issues and concerns arising as a result of Garda� recommendations as well as issues and concerns arising in relation to more longer term general change aspirations
(5)The independent person be authorised to make recommendations where appropriate
(6)The independent person should commence engagement as soon as practicable and should complete the engagement within a period of not more than three months
The proposed security measure in issue should remain in place for a period of three months after which it should be reviewed. If necessary the matter may be referred back to the Court at the end of that period.
The Court would expect the parties to make a decision on this recommendation as a matter of extreme urgency.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
18th February, 2013Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.