FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE PROCUREMENT - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Implementation of HSE Procurement Operating Model - Claim in respect of rate of pay for work on the KanBan System in the Mid West Region
BACKGROUND:
2. This case concerns a dispute between management and the Union in relation to the implementation of the HSE Procurement Operating Model. Specifically the Union is seeking that Stores Staff operating the new KanBan system at point of use locations be regraded. In the interim, and on the basis of the dispute with management, the Union is refusing to co-operate with the introduction of the new Procurement National Distribution Centre. Management is seeking that the Union's non co-operation instruction be lifted to allow progress on the implementation of the new Procurement Model and to facilitate the required savings.
The dispute was not 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 matter was referred to the Labour Court on 16th July 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th September 2014.
UNION'S ARGUMENT:
3 1 The staff required to move location and operate the Kan Ban system should be regraded and recognised as a minimum Suppliers Officer Grade D. An analysis of the grade operating the Kan Ban system should also be carried out and if a senior grade is identified the workers should be appointed to the higher grade.
COMPANY'S ARGUMENT:
4 1 The introduction of the new Procurement Operating Model is essential to achieve the savings required and to improve the quality of the service. The Union's non co-operation instruction is restricting this process and should be removed immediately.
RECOMMENDATION:
The Court notes that it is agreed between the parties that this dispute has come before it under the terms of Clause 1.24 of the Public Service Agreement 2010-2014 and the Recommendation of the Court is binding on the parties.
The matter before the Court concerns a dispute between the parties over the implementation of HSE Procurement Operating Model within the Limerick Procurement Service. The issue in dispute specifically concerns the appropriate rate of pay for work on the KanBan system. This dispute has given rise to a refusal by staff to co-operate with the establishment of the Procurement National Distribution Centre project which is part of a range of major cost saving initiatives within the HSE Procurement Service.
Following conciliation at the Labour Relations Commission (LRC), the Industrial Relations Officer of the LRC issued a proposal dated 11thJune 2014 to both parties in an effort to progress the issues in dispute. This was accepted by HSE Management but rejected by the Union members. Having considered the oral and written submissions of both parties the Court is of the view that the LRC proposals should be amended and accepted by both parties in resolution of the dispute.
Therefore the Court recommends as follows:-
- •Staff should cooperate with the changes needed to support the implementation of the HSE’s Procurement Operating Model in line with the provisions of the Public Service Agreement 2010-2014 (PSA).
- •The parties agree to establish a process under the auspices of the Labour Relations Commission to deal with any issues or staff grievances that arise on foot of the implementation.
- •Discussions which emerge from the above process should be concluded by not later that 31stMarch 2015. The parties should provide updated reports to the Court on the progress of these discussions after the first three months, after four months, after five months and at the conclusion of the discussions.
- •In the event that there are outstanding matters at the completion of this process they may be referred back to the Court for a binding Recommendation.
The Court so finds.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th October 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.