Labour Court Database __________________________________________________________________________________ File Number: CD87205 Case Number: LCR11126 Section / Act: S67 Parties: BUS ATHA CLIATH - and - ITGWU;FWUI |
Claim for the retention of a guaranteed 'early Sunday' under the proposed five day week for bus workers.
Recommendation:
7. The Court recommends that Clause 1(5) of the proposals as set
out in Appendix 1 to this recommendation be amended to provide
that 38% of Sunday duties will be straight duties finishing not
later than 18.00 hours and that arrangements be drawn up
accordingly.
Division: CHAIRMAN Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87205 THE LABOUR COURT LCR11126
CC87338 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11126
Parties: BUS ATHA CLIATH
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
FEDERATED WORKERS UNION OF IRELAND
Subject:
1. Claim for the retention of a guaranteed 'early Sunday' under
the proposed five day week for bus workers.
Background:
2. This claim concerns approximately 1,000 bus workers. Under
the present 5.4 day week system busmen work three Sundays in five
and were guaranteed they would finish at 4 p.m. on one of those
Sundays. As part of the introduction of One Person Operations the
Labour Court recommended that a five day week be introduced.
Extensive negotiations took place and a five day system was
proposed by the Joint Negotiating Committee (see Appendix I).
This proposed system was acceptable to one union involved but was
rejected by the two Unions here concerned mainly because it did
not contain a guaranteed early Sunday.
3. Under the proposed system only two Sundays out of five will be
worked and the maximum working day on Sunday is 7 hours 30
minutes. The Company also guaranteed that 35% of the Sunday
duties would be straight work outs finishing by 6.30 p.m. The
Unions sought a guarantee that the proposed level of Sunday duties
would be maintained and claimed that an early Sunday should be
guaranteed which would finish at 5 p.m. The Company rejected the
claim.
4. No agreement was reached through local negotiations and on
24th February, 1987 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 9th March, 1987 but no agreement was reached. On 19th March,
1987 the case was referred to the Court for investigation and
recommendation. A Labour Court hearing was held on 27th March,
1987.
Unions' arguments:
5. (i) To avoid a worsening of conditions under the proposed
five day week the Unions are justified in claiming the
retention of the guaranteed early Sunday.
(ii) If the Company were to get away with taking the
guaranteed early Sunday away when it is not a
"necessary relaxation in the other constraints on
scheduling", it would be seen as the loss of a thirteen
year standing agreement which was already achieved
prior to One Person Operation.
Company's arguments:
6. (a) The proposals have been drawn up after almost a full
year's exercise by a Joint Committee of management and
Union representatives. The proposals reflect the best
possible outcome from this exercise and were
acknowledged to be fair and reasonable to both sides.
(b) The allocation of Sunday duties under the proposed
system compares favourably with the conditions for the
current 5.4 day week.
(c) Any further increase in the cost of implementing the
five day week must give rise to serious consideration
of a review of the entire Sunday services which are
operating on an uneconomic basis at present.
RECOMMENDATION:
7. The Court recommends that Clause 1(5) of the proposals as set
out in Appendix 1 to this recommendation be amended to provide
that 38% of Sunday duties will be straight duties finishing not
later than 18.00 hours and that arrangements be drawn up
accordingly.
~
Signed on behalf of the Labour Court
John M Horgan
15th April, 1987 --------------
T O'M/J.C. Chairman