FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IAA - AND - PSEU, AHCPS & CPSU DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Random testing policy.
BACKGROUND:
2. This dispute concerns the manner in which the Employer's Protocol on Random Testing for Workplace Intoxicants was introduced with the agreement of the Staff Panel. The Unions referred this case to the Labour Court on 11th March, 2012, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 31st May, 2012.
UNIONS' ARGUMENTS:
3. 1. The staff represented by the AHCPS, PSEU & CPSU are not in safety critical roles.
2. Random drug and alcohol testing should only be introduced following consultation and agreement with staff and unions.
3.The AHCPS, PSEU & CPSU were not consulted with and did not agree to the Employer's Protocol on Random Testing for Workplace Intoxicants..
EMPLOYER'S ARGUMENTS:
4. 1. The Employer operates in a safety critical industry.
2. The Employer's Protocol on Random Testing for Workplace Intoxicants was introduced with the agreement of the Staff Panel.
- 3. The Protocol now forms part of the terms and conditions of employment of all staff.
RECOMMENDATION:
It is clear to the Court that Protocol on Random Testing was agreed between the Staff Panel and the Authority. Within the established negotiating structures of the Authority the staff panel was authorised to enter into that agreement on behalf of its constituent Unions.
It is clear that the Unions who are party to this dispute are dissatisfied with the decision of the Staff Panel for the reasons outlined to the Court. If those issues are to be pursued they should be raised directly with the Staff Panel and if they remain unresolved such procedures that exist for the resolution of disputed between trade unions should be utilised.
However, for the reasons set out above the Court accepts that the Authority is entitled to act on the agreement that it concluded with the Staff Panel.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Duffy
4th June, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.