FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL CAR TESTING SERVICE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Implementation of the productivity scheme as a whole without agreement.
BACKGROUND:
2. This dispute concerns the implementation of a productivity scheme for vehicle inspectors in the car testing centres. 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 23rd July, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th Spetember, 2014.
UNION'S ARGUMENTS:
3 1 The Company is proposing to impose these changes without agreement.
2 The proposed changes will undermine the integrity of the testing process.
3 The Workers' existing terms and conditions of employment must be respected.
COMPANY'S ARGUMENTS:
4 1 The Company's proposed targets are reasonable and attainable.
2 The Company requires consistency of testing across all its centres.
3. The proposed changes will enhance the integrity of the testing process.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court recommends that the proposals that emerged from the LRC as amended below be accepted by both sides:-
- 1. All staff should formally agree to co-operate with the productivity scheme in place in the Company.
2. Where a staff member identifies a particular difficulty with the scheme, the matter/s in dispute should be referred to agreed experts nominated by both sides for resolution.
3. The offer of €1,000 be increased to €2,000 payable in two moieties as follows: - First payment to be paid in the December 2014 payroll run and the second payment to be paid in the April 2015 payroll run.
4. The offer of €250 be increased to €500 payable in two moieties as set out in 3 above.
Signed on behalf of the Labour Court
Brendan Hayes
3rd November, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.