Labour Court Database __________________________________________________________________________________ File Number: CD86681 Case Number: LCR11000 Section / Act: S20(1) Parties: CIE - and - T.S.S.A. |
Introduction of flexible working hours.
Recommendation:
5. The Court recommends that flexible working hour arrangements
be implemented for a trial period in accordance with the
guidelines for 12 weeks and with a minimum lunch break of 30
minutes. It should however be understood that should difficulties
arise the Company has the right at any time within that period to
insist on a longer minimum lunch break or other measures to ensure
that the service to the public and the efficiency of the office
are fully maintained.
Division: CHAIRMAN Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD86681 THE LABOUR COURT LCR11000
SECTION 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11000
PARTIES: CORAS IOMPAIR EIREANN
and
TRANSPORT SALARIED STAFFS' ASSOCIATION
Subject:
1. Introduction of flexible working hours.
Background:
2. In 1979 the Association served a claim on CIE for the
introduction of flexible working hours at the Galway Depot. CIE
indicated that it was prepared to introduce flexible working hours
in the Area Office for a trial period of twelve weeks and subject
to:-
(a) a minimum of one hour meal break, and
(b) core time to be extended to 16.30.
The Association sought a minimum meal break of half an hour as
applies in other CIE offices. Further discussions were held in
the matter but the question of the duration of the meal break
could not be resolved. The matter was referred to the
conciliation service of the Labour Court and following a
conciliation conference held on 7th April, 1983 a proposal that
flexible working hours should be introduced on a trial basis in
two offices on the basis of a minimum of one hour meal break was
rejected by the workers. Further discussions took place and on
19th June, 1986 the Association sought to refer the matter to the
Labour Court for investigation and recommendation. CIE, however,
was not prepared to join in this referral and the Association
subsequently referred the matter to the Court under Section 20(1)
of the Industrial Relations Act, 1969. A Court investigation into
the dispute was held on 10th December, 1986 in Galway.
Association's arguments:
3. (i) Flexible working hours already operate satisfactorily
in numerous offices throughout CIE. The standard meal
break in those agreements is half an hour (details
supplied to the Court). There is no evidence to
support the Company's fears that there would be a
breakdown in service or that some workers would be
unduly burdened by the conditions of operation if a
minimum half hour lunch break was introduced. Indeed
the flexible working hours agreement provides that the
working requirements must be met.
(ii) The Association is prepared to accept the introduction
of flexible working hours on a trial basis. Should
the service provided by any office during such a
period be less than the norm then the flexible working
hours arrangements simply would not come into
operation on a permanent basis.
(iii) The arguments put forward by the Company for a minimum
lunch break of 1 hour are totally overstated having
regard to the manner in which flexitime would actually
operate in the offices in question. The workers
concerned are quite prepared to be fully co-operative
in the manning of the various offices, and indeed it
is probably true to say that the number of staff who
are desirous of securing a lunch break of half an
hour's duration, will be minimal in which case many of
the arguments presented by the Company on this basis
will prove to be negligible.
(d) The one hour lunch break on its own would not give
significantly greater cover than would the half hour
break.
CIE's arguments:
4. (a) Flexible working hours have been introduced in various
head offices in CIE when there was agreement with the
trade unions involved in respect of the parameters
obtaining. They have not been introduced in any
location which serves both the public and operating
staff and which is small in character. The Galway
offices have contracted considerably since 1980 and
are liable to further contraction, especially with the
pending reorganisation of CIE. No impediments should
be placed on any constructive reorganisation which
would assist CIE to remain competitive. It is the
considered view of the Galway management that if a
half hour minimum lunch break was allowed the standard
of service to the public would be impaired and the
operational requirements would not be fully met
(details supplied to the Court). This is contrary to
the conditions embodied in all flexitime arrangements
in the Company.
(b) CIE is in a very serious financial position and is
obliged to reduce expenditure in each year to 1989.
The Company is also facing strong competition from
private operators. It is therefore important that CIE
provides higher standards of service to the public
rather than a contraction in this area.
(c) CIE considers that the conditions claimed by the
Association would impose an undue or inappropriate
burden on some staff (details supplied to the Court).
(d) The Company is prepared to introduce flexible working
hours in two offices in the Galway area for an
experimental period of four months on the basis of a
one hour minimum meal-break.
RECOMMENDATION:
5. The Court recommends that flexible working hour arrangements
be implemented for a trial period in accordance with the
guidelines for 12 weeks and with a minimum lunch break of 30
minutes. It should however be understood that should difficulties
arise the Company has the right at any time within that period to
insist on a longer minimum lunch break or other measures to ensure
that the service to the public and the efficiency of the office
are fully maintained.
~
Signed on behalf of the Labour Court
10th February, 1987 John M. Horgan
R.B./P.W. Chairman