Labour Court Database __________________________________________________________________________________ File Number: CD87148 Case Number: LCR11123 Section / Act: S67 Parties: C.I.E. - and - ICTU |
Claim on behalf of 50 workers for the introduction of a 20% responsibility allowance for workers at Fairview Depot.
Recommendation:
5. The Court, having considered the submissions made does not
consider the circumstances at Fairview Depot warrant the
introduction of the payment claimed. The Court therefore does not
recommend concession of the Unions' claim.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD87148 THE LABOUR COURT LCR11123
CC862010 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11123
Parties: IARNROD EIREANN
and
C.I.E. TRADE UNION GROUP
Subject:
1. Claim on behalf of 50 workers for the introduction of a 20%
responsibility allowance for workers at Fairview Depot.
Background:
2. Fairview depot was reconstructed in order to carry out the
maintenance on D.A.R.T. suburban trains. It is equipped with
overhead lines (1500 volts) similar to those used to power the
trains. Maintenance (except heavy overhaul), repairs and valeting
of the D.A.R.T. trains are carried out there by fitters,
electricians, coachmakers and engineering operatives class (1) and
(2). There are no diesel trains of any description based in
Fairview depot. The Unions claimed the introduction of a special
allowance (responsibility allowance) on behalf of the workers
concerned, in October, 1986. The claim was rejected by the
Company. The matter was referred to the conciliation service of
the Labour Court on 3rd December, 1986. A conciliation conference
was held on 10th February, 1987. As no agreement could be reached
both parties agreed to refer the issue to the Labour Court for
investigation and recommendation. A Labour Court hearing was held
on 26th March, 1987.
Unions' arguments:
3. (a) Fairview is the first electrified depot on the C.I.E.
system. The presence of high voltage electricity
requires all workers and in particular maintenance
workers to be ceaselessly vigilant in the course of
their duties. In a way it is like re-learning a job
all over again. Workers who were trained in
conventional depots, where the priority was to keep
trains running, now have to learn that ceaseless
vigilance is necessary. There is no second chance with
1500 volts.
(b) The Unions accept that the Company have ensured that
safety standards and procedures meet international
standards. These involve complex systems of isolating
power supply and individual power units as well as the
padlocking of all ladders. However, these systems are
as fallible as any human system and do not in any way
lessen the need for constant vigilance. The power
sources are not locked away or isolated as they are in
an industrial plant or a power station.
(c) The payment of responsibility allowance is not new to
C.I.E. Traincrew and supervisors working ammonia and
acrylonitrile traffic for N.E.T. and Asahi receive a
payment of 20% on all hours worked. This payment is
also made to Road Freight staff handling Asahi traffic,
while shunters working Asahi trains receive an
allowance equivalent to 10%. Additionally, staff
working in Cork tunnel receive a 20% allowance. The
staff who maintain the overhead line equipment on the
D.A.R.T. system were upgraded and staff working
temporarily in this area receive an allowance of #10.49
per week in pre 25th round figures.
Company's arguments:
4. (i) The electrified wires referred to are located at a
height of approximately 15 feet from the ground and at
a distance of 15 feet from each other. Workers could
only come into contact with these wires while working
on the roof of the coaches. Before undertaking any
work on equipment on the roof of coaches, certain
safety procedures have to be implemented so that work
is carried out when the overhead wiring is
de-energised. These safety procedures are of the
highest international standards and also conform with
the Factories Act (details supplied to the Court).
(ii) The bulk of the maintenance and valeting work is done
below roof level. When work on the roof of coaches is
required it is done in a special area in the Depot.
(iii) The Company is satisfied that the work environment at
Fairview compares very favourably from the point of
view of safety, with that of various other workers on
the Dublin suburban system.
(iv) The responsibility allowances paid to other workers in
the Company are paid because the risks and dangers are
unique to those particular jobs. In view of the safety
precautions and procedures in operation at Fairview
depot it is clear that the work is as safe if not safer
than other forms of maintenance work carried out in
other depots and outside engineering works.
RECOMMENDATION:
5. The Court, having considered the submissions made does not
consider the circumstances at Fairview Depot warrant the
introduction of the payment claimed. The Court therefore does not
recommend concession of the Unions' claim.
~
Signed on behalf of the Labour Court
John O'Connell
____________________________
Deputy Chairman.
16th April, 1987.
M.D./J.C.