On Wednesday, Labour Relations executives had to make a judgment call,writes Chris Dooley
With no agreement in sight, it took a bold move by the Labour Relations Commission to resolve the postal dispute.
A total breakdown in trust between An Post and the Communications Workers' Union had proved impossible to overcome in 12 hours of talks at the commission, which began on Tuesday.
As both sides left the building at 3 a.m. the following day, a breakthrough was no closer than it had been when the talks began.
An Post was losing €600,000 a week, but the two sides had not been able to agree even a basis on which to hold direct talks on the company's future.
During all their time at the LRC, they had not met face-to-face, instead conveying their respective positions to the other through the commission.
On Wednesday, the LRC chief executive, Mr Kieran Mulvey, and its deputy director of conciliation, Mr Tom Pomphrett, had to make a judgment call.
Would they allow the parties more time to reflect on the growing seriousness of the situation in the hope that an accommodation might be reached later?
Or would they try to impose a solution, by issuing the parties with a set of proposals aimed at breaking the deadlock?
The latter option had the advantage of bringing matters to a head quickly, but had it failed then a prolonged, escalated dispute was inevitable.
Mr Mulvey and Mr Pomphrett, however, decided the time was right and drew up a three-page document which they hoped both sides would be able to accept.
The odds were against them, given the gap between the parties and the extent of mistrust between them.
A key concern for the company was that it should not have to go into talks on work practice changes which, in its view, had already been agreed and paid for.
This issue was at the centre of the row at the Dublin Mail Centre in Clondalkin, where the dispute began the weekend before last when An Post began suspending staff for refusing to carry out management instructions.
The CWU claimed the company was attempting to introduce new "inward sorting" arrangements without agreement.
The introduction of inward sorting at the DMC is vital to the company, as it would cut out huge overtime payments currently paid to staff for doing this job at delivery offices. An Post insisted this new system had been agreed and paid for.
In its proposals to resolve the dispute, the commission said it could not resolve this difference between the parties.
It suggested, however, that the implementation of inward sorting be discussed as part of the wider negotiations on the future of the company. This proposal did not please the company, given that it believes inward sorting has already been agreed.
But there were enough balancing proposals to convince company managers to "buy" the deal. For a start, tight deadlines for the talks were proposed.
This was good news for An Post, given its unhappiness that previous talks with the CWU on a recovery plan broke down in December and its urgent need to get the company on a more sound financial footing. In addition, the commission's document specifically said that both sides should adhere to existing agreements.
The CWU had refused to resume the previous talks until the company agreed to pay the 3 per cent pay rise due to staff under Sustaining Progress. That matter is now to be discussed as part of the new negotiations due to begin next week.
The extent of the difficulties ahead became clear last night, when a last-minute wrangle broke out over whether An Post was required, under the deal, to reinstate casual employees who had been laid off during the dispute.
Mr Pomphrett, who is to chair the talks due to begin next week, will have his work cut out.