FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN PORT COMPANY - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION UNITE UNION OF CONSTRUCTION, ALLIED TRADES AND TECHNICIANS DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Management's decision to unilaterally reduce the numbers employed in the craft supervisory area.
BACKGROUND:
2. This dispute concerns the Unions' claim that the Company unilaterally reduced the numbers employed in the craft supervisory area. 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 9th July, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th September, 2013.
UNIONS' ARGUMENTS:
3 1 The Company refused to negotiate with the Unions in advance of imposing these changes on the craft group.
2 The Company continues to use contractors and agency workers rather than directly employed craft workers.
3 The craft supervisory positions are important promotional opportunities for craft workers.
COMPANY'S ARGUMENTS:
4 1 The Company's decision was taken in order to maintain competitiveness and protect employment.
2 The Company's decision has had no detrimental effect on the craft group.
3. The Company has demonstrated its continuing commitment to the craft group by the introduction of an apprenticeship programme.
RECOMMENDATION:
The parties have asked the Court to interpret Section 11 of the “New Working Model for Technical Supervisors and Craftsmen of the maintenance & Services Department” agreement 2006. Though the agreement had a lifespan of three years both sides confirmed to the Court that it continues in operation and binds all parties.
Section 11 in relevant part states:
- Initially, total staff numbers will be 26.
This is made up of 20 Maintenance Technicians, 6 Supervisors / Overseers / Facilitators / Auditors.
The total number and breakdown of Maintenance Technicians / Supervisory staff required is as follows: -- •Maintenance Technician – Mechanical / Electrical Shift 10
•Maintenance Technician - Mechanical Electrical Days 10
•Supervisors – Overseers / Facilitators / Auditors 06
Total 26
If an employee exits the Company they will not automatically be replaced.
The Company will decide on the need for and the manner of replacement on a case-by-case basis. However the Company will engage with the trade unions with regard to any non-replacement of staff.” - •Maintenance Technician – Mechanical / Electrical Shift 10
A number of Maintenance Supervisors left the Company through voluntary severance. The Company, in accordance with its understanding of Section 11 above, assessed its needs and decided not to replace a number of those who left thereby reducing the number of Supervisors from 6 to 3. It so advised the trade unions involved. The trade unions take the view that the Company breached Section 11 of the Agreement by failing to engage with them before it made a decision not to replace those that left. They argue that the Agreement requires their consent before the Company can proceed to reduce numbers below 6 supervisors.
The Court takes the view that, where a Supervisor leaves the Company for any reason, Management is required to assess its needs and come to a preliminary decision as to whether it will appoint a replacement to the post. Where it decides that a replacement is not necessary or appropriate, it is required to advise the trade unions accordingly setting out the reasons for its decision. The Trade Unions are then entitled to seek to persuade the Company to alter or vary the decision. Where agreement cannot be reached the Trade Unions may have recourse to the dispute resolution procedures in place in the Company. There is no requirement on the Company to fill the position at issue while the dispute is processed through the agreed procedures.
The Court so interprets and recommends.
Signed on behalf of the Labour Court
Brendan Hayes
18th September, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.