FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KILDARE COUNTY COUNCIL (REPRESENTED BY LGMA) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Introduction of a time in attendance management system.
BACKGROUND:
2. This dispute concerns the introduction of a time in attendance management system for 74 fire fighters in six fire stations in Co Kildare. 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 27th February, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th June, 2013.
UNION'S ARGUMENTS:
3 1 The introduction of this proposed system is likely to cause delays in responding to calls.
2 The proposed system is not in compliance with data protection legislation.
3 The proposed system has national implications so it should form part of national discussions.
EMPLOYER'S ARGUMENTS:
4 1 The introduction of this time in attendance management system will save the Council c.€30,000 per annum.
2 There are no data protection issues with the new system.
3. The introduction of this new system is part of normal ongoing change.
RECOMMENDATION:
The matter before the Court concerns the Councils proposal to introduce a time and attendance system for fire fighters in six fire stations in Co. Kildare. The Council stated that the purpose of the system was to assist in the monitoring and measuring of operational attendance of personnel in an atypical service that requires attendance, at short notice at all hours of both day and night and the present manual system is insufficient in that regard. The Council proposed the introduction of an electronic system which uses the Biometric system for recoding attendance.
The Union stated that it had no difficulty with the introduction of a time and attendance system where none existed already. However, the Union stated that as there was an Alerter system in operation, that fulfilled its obligations. The Union objected to the introduction of this system in Co Kildare as it is not in operation in any other local authority for this grade of staff and outlined its concerns regarding potential difficulties with the system.
The Alerter system currently in place alerts the retained fire fighter to a call which he/she responds to and the duty officer records the attendance of the fire fighter in a manual which is then faxed to the central fire station for manual input into the management information system.
A Biometric system was introduced in the fire service in Co Kildare in 2008 with the agreement of the Union, but was abandoned when difficulties arose with the system.
In line with Paragraph 1.10 of the Public Service Agreement 2010-2014 which provides, inter alia, for the introduction of new or improved technology to be regarded as the norm, the Court recommends that the Union should co-operate with management on the introduction of an electronic time and attendance management system, with the proposed introduction of the Biometric system.
In advance of its introduction the Court recommends that the County Council should provide written assurances to the Union on the use of the system and address the issues raised, particularly with regard to Data Protection requirements, reading of finger prints and “turn out” times.
The Court recommends that the new system should be reviewed after six weeks to address any issues which may arise.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th July, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.