Labour Court Database __________________________________________________________________________________ File Number: CD86942 Case Number: LCR10945 Section / Act: S67 Parties: CIE - and - ICTU;ITGWU |
Change of shift rosters.
Recommendation:
5. The Court, having considered the submissions made by the
parties, recommends that the present 2.45 p.m. - 10.45 p.m. shift
should be changed to 3 p.m. - 11 p.m.
Division: Mr Fitzgerald Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD86942 THE LABOUR COURT LCR10945
CC861688 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10945
PARTIES: CORAS IOMPAIR EIREANN
and
SHOPWORKERS' TRADE UNION GROUP
Subject:
1. Change of shift rosters.
Background:
2. The cleaning and fuelling of the Company's bus fleet is based
in Broadstone and is carried out by engineering operatives who
work a two-cycle shift as follows:-
8.00 - 16.00 hours
14.45 - 22.45 hours
A night shift is also in operation from 24.00 to 8.00 which is
non-rotating. The Company proposes to alter the late shift to
16.00 - 24.00 hours. This has been rejected by the Group and as
no agreement could be reached at local level the matter was
referred, on 9th October, 1986, to the conciliation service of the
Labour Court. At a conciliation conference, held on 28th October,
1986, the Group stated that it would agree to alter the late shift
to 15.00 - 23.00 hours. This was unacceptable to the Company and
the matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 15th
December, 1986.
Company's arguments:
3. (a) The Company's proposal to alter the late shift to
16.00 - 24.00 hours would enable it to provide a
cleaning and fuelling service for all buses returning
to the garage during those hours. The proposed shift
will eliminate the present 1.25 hour overlap between the
two shifts (14.45 to 16.00 hours) and extend the
availability of staff from 22.45 hours to 24.00 hours.
(b) More than 100 buses required cleaning each day between
08.00 and 24.00 hours and the proposed shift change
will enable the Company to utilise the services of its
shift staffs for the full 16 hours instead of the
present 14 hours each day.
(c) The proposed rosters can hardly be considered
unreasonable when account is taken of the work
requirements and the fact that all the men involved
are in receipt of the agreed rate for two cycle shift
working. It is the Company's responsibility to deploy
its staff in such a manner as to provide the necessary
vehicles for service to the public as required.
(d) The Company has held many meetings with the Group
since the 24th March 1986 in an endeaovour to reach
agreement on this proposal and in the absence of such
agreement has been forced to refer the matter to the
Labour Court.
(e) The proposed rosters are in line with those currently
in existence in the Company and elsewhere. Therefore,
agreement should be reached on their introduction.
Group's arguments:
4. (i) Most of the engineering operatives employed in
Broadstone live on the outskirts of the city. Because
of the number of late night attacks on people taking
place in the city the workers consider they would be
placing themselves in danger by working until
mid-night, when no public transport would be available
to them to get home.
(ii) During negotiations on the 1976 productivity agreement
in the Company, which covered all engineering
operatives, the Company proposed a change in the
starting and finishing times. This was rejected by
the staff concerned and the Company withdrew its
proposal.
(iii) Prior to 1976 the Company tried to change the starting
and finishing times of engineering operatives employed
in the Dublin City Services. The Labour Court, in a
subsequent recommendation on the matter, rejected the
proposed change.
(iv) Over the past year engineering operatives employed at
Broadstone have agreed to major changes in work
practices (details supplied to the Court) and have
continued to work with a staff which is 13 below the
agreed manning levels in accordance with the
productivity agreement. This shows that the workers
involved are co-operative. However, they are not
prepared to place themselves in danger in the name of
flexibility and therefore, the proposed late finishing
time is not acceptable to them.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, recommends that the present 2.45 p.m. - 10.45 p.m. shift
should be changed to 3 p.m. - 11 p.m.
~
Signed on behalf of the Labour Court
29th January, 1987 Nicholas Fitzgerald
T.McC./P.W. Deputy Chairman