FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JAMES HOSPITAL - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Contracting out of certain tasks in relation to the fire alarm system.
BACKGROUND:
2. This dispute, which arises from the Hospital's decision in 2010 to contract out certain tasks in relation to the fire alarm system, was the subject of Labour Court Recommendation LCR19903. 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 31st October, 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th January, 2013.
UNION'S ARGUMENTS:
3 1 The Hospital has sought to exceed the recommendations of LCR19903 in order to outsource additional work in contravention of the Public Service Agreement.
2 The Hospital has acted in contravention of agreed industrial relations procedures.
3 The outsourced work should be immediately returned to the Workers and compensation paid for loss of earnings.
EMPLOYER'S ARGUMENTS:
4 1 The Hospital refutes that it was involved in outsourcing work.
2 The Hospital has used specialist fire safety engineering contractors for over a decade.
3. The Hospital's primary concern is to ensure the safety of patients, visitors and staff.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court recommends that the parties re-engage on the issues in dispute under the terms of the Public Service Agreement 2010 – 2014. The Court further recommends that the parties complete the local discussions provided for under the Agreement within 6 weeks of the date of this recommendation. The Court further recommends that the parties thereafter complete the procedures set out in the Agreement and refer all outstanding issues back to the Court for final recommendation within 8 weeks of the date of this recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
16th January, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.