FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN AIRPORT AUTHORITY - AND - SIPTU & TEEU DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Payment of banking charges.
BACKGROUND:
2. This dispute concerns a claim that the Workers are entitled to free banking under a 1984 agreement. 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 22nd September, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th November, 2014.
UNIONS' ARGUMENTS:
3 1 The parties entered into a collective agreement which gave the Workers' free banking.
2 Free banking was offered as an inducement for the Workers to move from being paid in cash / cheque.
3 The Employer should cover the ongoing annual cost of the Workers' banking charges.
EMPLOYER'S ARGUMENTS:
4 1 This free banking concession was offered by a third party.
2 The decision to withdraw this concession was made by the third party.
3. The Employer cannot be held accountable for this decision of a third party.
RECOMMENDATION:
This dispute relates to what the Unions believe is a breach of an agreement between them and the DAA by which free banking services will be made available to those associated with the dispute. It is clear that a named bank provided free services to employees of the DAA. But there is no evidence to indicate that they did so on foot of any collective agreement with either Union.
In circumstances where no copy of the agreement could be made available or any documentary evidence produced to point towards the existence of the putative collective agreement the Court could not recommend concession of the Unions’ claim.
Signed on behalf of the Labour Court
Kevin Duffy
18th November, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.