Dispute a throw back to the 1930's

The maintenance workers were caught in the middle of an unprecedented industrial dispute when McGurk and Moore lost a long-standing contract with the North West Housing Association to rival firm Omega.

McGurk and Moore originally learned of the prospect of losing the contract in June and held a meeting with staff to discuss the situation. But two weeks ago the situation reached crisis point when dozens of workers were told they were no longer employed by McGurk and Moore and would have to turn to rival Omega concerning future employment.

Workers were subsequently told to turn up at Omega on Monday morning for employment with Kevin Barrett, from McGurk and Moore, saying they were covered under Transfer of Undertaking (Protection of Employment) (TUPE) legislation which protects workers on contracts transferred between two companies.

Local trade unionists accompanied the workers on a march to Omega on Monday.

But Omega informed the Unite union through its legal team it does not believe the TUPE legislation applies in this case.

The Sentinel contacted Omega for their position but no response was forthcoming at the time of going to press.

Liam Gallagher of Londonderry Trades Council said some progress has been made in that talks were held between all parties to the dispute on Monday with a view to arriving at a resolution.

Responsibilities

But he said it was now up to McGurk and Moore and Omega to live up to their responsibilities to the workers who still don't know whether they will be paid on Friday or not.

He said: "We managed to get the most progressive move to date on Monday afternoon in getting representatives from McGurk and Moore, Omega, their solicitors, Phillip Oakes from Unite and myself from the Derry Trades Council around the table so we could address the totally unacceptable behaviour towards these employees."

He said the fact McGurk and Moore and Omega were now involved in negotiations was positive but complained of a lack of consultation over the transfer of the contract which lead to the situation.

Mr Gallagher said Unite and the Trades Council want the firms to come to a decision on who is responsibile by the close of business today, Wednesday, October 6, or at least decide who will pay their wages on Friday.

"We've got to a stage where people don't know how they are going to pay for their groceries. Workers are in a position at the minute that they don't know where their wages are coming from.

"It's like a situation in the 1930s. They can't even present to DHSS because they are still employed."

Mr Gallagher, described the situation as "Dickensian."

"In all my years as a trade union activist I have never experienced anything like this. Even though the workers were not unionised, Unite will not abandon them.

"McGurk and Moore had 12 weeks to resolve this and Omega too need to live up to their responsibilities and give the workers what they are entitled to," he said.