Labour Court Database __________________________________________________________________________________ File Number: CD87488 Case Number: LCR11373 Section / Act: S67 Parties: C.I.E. - and - N.A.T.E. |
Claim on behalf of 32 machine operators, concerning week-end working.
Recommendation:
5. Having regard to the particular circumstances under which the
claimants operate, the Court recommends that the parties should
resume direct negotiations using the proposal which emerged at the
Conciliation Conference as a basis and taking account of the
provisions of the Rail Operative Agreement and of the unique
working arrangements and conditions of the machine operators.
Division: Mr Fitzgerald Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD87488 THE LABOUR COURT LCR11373
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11373
Parties: IRISH RAIL
and
NATIONAL ASSOCIATION OF TRANSPORT EMPLOYEES
Subject:
1. Claim on behalf of 32 machine operators, concerning week-end
working.
Background:
2. There are 32 maintenance machine operators employed in the
Chief Civil Engineer's Department of Irish Rail. Their
headquarters are as follows:
Dublin 14 operators
Limerick Junction 5 operators
Portlaoise 6 operators
Athlone 4 operators
Waterford 2 operators
Mallow 1 operator.
These machine operators are engaged in maintenance work on the
railways involving the use of maintenance machines which run along
the railway tracks. The basic weekly wage for a No. 1 operative
is #157.24 and for a No. 2 operator is #147.13 (per 40 hour week).
A meal allowance of #2.80 is paid when away from headquarters for
rostered lunch break. Overnight expenses, when applicable, are
paid at a rate of #4.90. "Zoning" payment also applies to these
workers i.e. .50 hour morning and evening at premium time when
working between 12.50 and 40 miles from headquarters and 1 hour
morning and evening at premium time when working more than 40
hours from headquarters. There is no Saturday work. When an
operator is required to work at a location away from headquarters
on a Friday and again on a Sunday, Saturday is treated as a rest
day and he receives no payment for it. He does receive the
overnight allowance of #4.90 for Friday night and Saturday night.
If he wishes to return to headquarters between Friday and Sunday
he does so in his own time and at his own expense. The Union, in
1983 sought payment for Saturdays in such situations plus day and
night expenses. The Union would expect that operators would
return to headquarters on the Friday evening and that if
travelling later than 5 pm (normal finishing time) they should
receive the appropriate overtime payment. The Company rejected
this claim. The matter was first referred on 8th December, 1983,
to the conciliation service of the Labour Court and a conciliation
conference took place on 6th February, 1984. No agreement was
reached at that time. A further conciliation conference was held
on 27th February, 1987. At this conference a proposal, as
follows, emerged.
Friday
(a) Zoning payments
Payment in respect of the morning allowance as
appropriate.
(b) Subsistence
Lunch allowance (at present #2.70) to apply.
(c) Travel
Machine men will return to headquarters on Friday
evenings. If Headquarters is not reached by 5.00 p.m.
(due to operational reasons) then normal overtime rates
will apply up to time of arrival.
Saturday
(a) Subsistence
Overnight payment to apply
(b) Travel
Between 12.5 miles and 40 miles a payment of 4 hours
flat travelling time,
Over 40 miles a payment of 6 hours flat travelling
time.
Sunday
Zoning allowance and subsistence etc. as heretofore.
This proposal was rejected by the Union and the matter was
referred to a full hearing of the Labour Court. The hearing took
place on 31st July, 1987.
Union's arguments:
3. (i) The existing arrangements regarding week-end work away
from headquarters are unsocial. Operators should be in
a position to travel home on Friday evenings with
appropriate overtime payment if travelling after 5 pm.
(ii) The Union is seeking a day's pay for the Saturday plus
day and night expenses.
(iii) The Union would be prepared to consider the proposal
which emerged at conciliation if it were amended to
state that payment for travelling time on Saturday
would be 4 hours at time plus a half for distances
between 12.50 and 40 miles from headquarters and 6 hours
at time plus a half for distances over 40 miles, rather
than similar payments at flat time.
Company's arguments:
4. (a) The Company considers that the Union's claim is
excessive and is in breach of long established
arrangements within the Chief Civil Engineer's
Department for week-end working. The Company refutes
the contention that the arrangements are unsocial.
Many operators do, in fact, travel home quite easily
between Friday and Sunday particularly when working
less than 40 miles from headquarters. Despite this,
such operators are in receipt of zoning payment for
Friday evening, overnight expenses for Friday and
Saturday nights and zoning and other expenses for
Sunday.
(b) On a recent Sunday 6 operators were working less than
12.50 miles from headquarters, 5 were working between 12.50
and 40 miles from headquarters and 6 were more than 40
miles from headquarters (details supplied). The
Company considers it very likely that a high percentage
of these operators would have been in a position to
return home over the week-end.
(c) There is no precedent for the type of payment claimed.
It is outside the terms of the Rail Operative Agreement
and would lead to unjustifiable cost (approximately
#20,000 per annum). Concession of the claim would also
have repercussive effects.
RECOMMENDATION:
5. Having regard to the particular circumstances under which the
claimants operate, the Court recommends that the parties should
resume direct negotiations using the proposal which emerged at the
Conciliation Conference as a basis and taking account of the
provisions of the Rail Operative Agreement and of the unique
working arrangements and conditions of the machine operators.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
Deputy Chairman
27th August, 1987
A.K./J.C.