FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH LOCAL DEVELOPMENT NETWORK - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Future Employment of Staff & Protection of Terms and Conditions.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to potential issues arising from the decision to align Local Government and Local Development Centres, as identified by the Unions. The dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences held under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 22nd September 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th November, 2014. The following is the Recommendation of the Court:
RECOMMENDATION:
This dispute came before the Court against the background of proposed changes in the mode of delivering programmes undertaken by the various development companies represented by the ILDN. The Unions are concerned that the changes, if implemented, will impact adversely on the security of employment and the terms of employment of their members.
It is clear that the employers cited in this referral cannot themselves address the issues of concern to the Unions. Responsibility for those decisions rests with other funding and policy-making bodies that are not party to the dispute before Court.
In the Court’s view the issues raised by the Unions are real and substantial. Like any group of workers they are entitled to an opportunity of having these issues ventilated and addressed by those with responsibility for the decisions giving rise to their concerns. That cannot happen through engagement between the parties to this referral alone.
In all the circumstances of this case the Court recommends that a forum be established to deal with employment related matters affecting the workers who are associated with this claim. That forum should involve the Unions and the Representatives of the employers in the first instance. However the parties should seek the participation in the forum of the de facto decision makers in matters of policy and funding.
This forum should seek to resolve all of the matters referred to by the Unions in their submissions to the Court.
Signed on behalf of the Labour Court
Kevin Duffy
4th December 2014______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.