FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UPC IRELAND - AND - UNITE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Installation of GPS vehicle management system into the Company fleet
BACKGROUND:
2. This dispute concerns the installation of a GPS vehicle management system into the transport fleet. 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 19th December, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 11th February, 2015.
UNION’S ARGUMENTS:
3. 1. The Union doesn't believe that a GPS system will improve the Company callout times etc. and say that there is no need for same.
2. The Union says that this is a form of "big brother" and that it is a step too far.
3. The Union says that there is a mistrust of management and that the privacy of its members is the main concern.
EMPLOYER'S ARGUMENTS:
4. 1. It is a vehicle management system and it will allow the company to make speedy decisions without making numerous telephone calls thereby improving the Company's management of its fleet significantly.
2. The Company says that any concerns have been addressed very comprehensively.
3. It is a commercial necessity and it is for the purposes of managing the vehicles and staff privacy will be respected.
RECOMMENDATION:
- 1.The Court finds that Management is entitled to introduce GPS devices onto its fleet for the express purpose of obtaining real time information of its deployment and to assist with the efficient allocation of resources.
2.The Court further finds that workers are entitled to privacy and autonomy in the performance of their work and most particularly in the conduct of their personal lives.
3.The Court notes the Company’s commitment that the system will not be used for any purpose other than that set out in paragraph 1 above.
4.The Court also notes the Company’s commitment not to track or record details of the staff’s personal use of Company vehicles other than to record distances travelled and to protect against theft of and other risks to the vehicles.
5.In that context the Court recommends that the Union agrees to the introduction of GPS devices into the fleet for the purpose set out in paragraph 1 above on a pilot basis for a period of 12 months.
6.The Court further recommends that the Company and Union establish a committee of four (two from each side) to meet in the first three months after the devices' introduction and thereafter quarterly to monitor the deployment and use of the devices during the trial period in the context of this Recommendation. Issues, if any, that cannot be resolved by the monitoring committee or that remain outstanding at the end of the trial period should be referred back to the Labour Court for a definitive Recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
11th March, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.