FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK CITY & CO COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Unilateral Implementation of a Recommendation without Agreement
BACKGROUND:
2. This case concerns a dispute between the parties in relation to workplace difficulties and the process by which these difficulties can be resolved. The interpersonal difficulties alleged to have caused the dispute initially were referred through the agreed procedures and the parties have accepted the independent report on the issues raised. The parties are now in dispute as to how the report should be implemented to ensure a mutually satisfactory resolution and a return to work for all concerned. The Union contends that its members are not currently in a position to return to work and is seeking a transfer to another service within Limerick County Council for two of them and an early retirement package for the third.
Management contends that it cannot meet the Unions claim due to cost and other restrictions. It contends that a resolution can be found to this dispute if the parties engage in the process as recommended to restore professional respect and facilitate a return to work for all concerned.
The matter 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 20th October 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 9th December 2014.
The following is the Court's Recommendation:
RECOMMENDATION:
The Court notes that both sides accepted the Report titled “Investigation into complaints and counter complaints among fire fighters, Abbeyfeale Fire Station” prepared by Mr Conal Devine. In particular the Court notes that both sides are fully committed to giving effect to Recommendation no 7.1.1 that had heretofore been at issue between the parties.
Accordingly the Court recommends that the parties engage with a view to “agreeing an approach or approaches toward restoring professional working relationships which they can subscribe to fully and for which they can use their influence within the station to advocate to bring about an inclusive process to restore mutual professional respect.” (Section 7.1.1)
As part of the approach both sides should, within 14 days of the date of this recommendation, set out in writing to the other side the issues in dispute together with their proposals for resolving matters.
The Court recommends that subsequent engagement on the issues should be carried out with the assistance of a suitable expert facilitator [the Advisory Service of the LRC?] and should be completed within six weeks of the date of this recommendation.
The Court further recommends that any issues outstanding at that time should be referred to binding arbitration to bring about a full and final settlement of the issues in dispute.
The Court notes that the rebuilding of trust and confidence is a long and painstaking process that will require support and attention at senior management level from within the Fire Service and the Council. The Court recommends that management develop a plan to support station management and staff through this process and that it utilise the services LRC in this regard. The parties should give consideration to extending the involvement of the LRC into a full investigation of industrial relations at the station with the objective of developing recommendations for improvements that will help to avoid a repeat of the developments that gave rise to the current dispute.
In the interim the Council should arrange for staff members currently on sick to attend an agreed independent medical consultant to assess their capacity and set a timescale for their return to work.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th January 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.