FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROAD SAFETY AUTHORITY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Dispute concerning introduction of reserve testers on contracts for service.
BACKGROUND:
2. This dispute concerns the introduction of reserve testers on contracts for service. 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 21st November, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th December, 2013.
UNION'S ARGUMENTS:
3 1According to the Public Service Agreements, the Employer cannot outsource work to self employed individuals without prior discussion with the Union.
2 The Employer should have applied for an exemption from the moratorium.
3 The Union will defend the Workers' terms and conditions of employment.
EMPLOYER'S ARGUMENTS:
4 1The Employer has had to cancel customer appointments due to a shortage of reserve testers.
2 The moratorium on recruitment precludes the Employer from taking on any additional direct employees.
3. The Employer is willing to consider applications from other staff to fill these positions.
RECOMMENDATION:
The Court recommends that the Authority's proposal for the establishment of regional panels of reserve driver testers be accepted with the following modifications: -
1. The reserve testers should be remunerated in line with the salary applicable to permanent driving testers which has been negotiated and agreed with IMPACT, pro rata to the time worked.2. In establishing reserve panels the Authority should, where practicable having regard to the need to maintain panels on a regional basis, give priority to applications from existing staff who are currently working reduced hours.
Signed on behalf of the Labour Court
Kevin Duffy
8th January 2014______________________
CORChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.