Labour Court Database __________________________________________________________________________________ File Number: CD87273 Case Number: AD8745 Section / Act: S13(9) Parties: CIE - and - AGEMOU |
Appeal by the Company against Rights Commissioner's Recommendation CM/17501.
Recommendation:
5. The Court having considered the submissions from both parties
is satisfied that the claimants have been inconvenienced by the
conditions in the temporary garage and accordingly agrees that the
Rights Commissioner's award of #75 should be paid to the
individuals involved.
The Court therefore rejects the appeal and so decides.
Division: Ms Owens Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87273 THE LABOUR COURT AD45/87
SECTION13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 45 OF 1987
PARTIES: CORAS IOMPAIR EIREANN
AND
AUTOMOBILE, GENERAL ENGINEERING AND
MECHANICAL OPERATIVES UNION
Subject:
1. Appeal by the Company against Rights Commissioner's
Recommendation CM/17501.
Background:
2. Due to the deterioration over the years of the passenger and
maintenance facilities at Cavan, the Company decided to demolish
the road passenger structure and erect a new depot. This involved
heavy reconstruction work. The Company met the Union in December,
1986, to discuss the matter. It informed the Union that it would
not be practical to carry on maintenance of the vehicles and that
a garage approximately three miles away had been rented. It was
envisaged that the move would be of a temporary nature, for
approximately six months. The Union sought a disturbance payment
for the workers who would be inconvenienced by the move to the
temporary premises. The Company rejected this claim and the
matter was referred to a Rights Commissioner for investigation and
recommendation. The Rights Commissioner, on 19th February, 1987,
issued the following recommendation:-
" Whatever shortcomings are in the temporary garage ought to be
endured for the sake of the excellent conditions which staff
will find when they move back into Cavan; in the meanwhile
Management and Union locally could identify where
improvements might be effected.
The extra distance is a factor of some consequence and while
all will not have the same additional mileage to travel it is
better to treat all equally. Assessing the case on the basis
of general good industrial relations practice I recommend a
sum of #75.00 for each of the eight garage personnel."
The Company appealed the recommendation to the Labour Court on
31st March, 1987, under Section 13 subsection 9 of the Industrial
Relations Act, 1969. A Court hearing was held in Dundalk on 6th
May, 1987.
Company's arguments:
3. (a) The reason for the temporary transfer arises from
renovations which when completed will provide greatly
improved facilities for the workers.
(b) The conditions in the temporary garage are as good as,
if not better than those, in the old garage and ensure
that the workers are able to perform their normal
duties without the complications involved in such a
major restructuring.
(c) There is no precedent for payment of a disturbance
payment for temporary transfer within the Company.
Furthermore it is Government policy since 1983 that no
disturbance payments be awarded for such transfers and
the Company is also governed by this directive.
(d) The Company is incurring considerable additional cost
in improving the facilities at Cavan garage in a
situation where the newly formed Bus Eireann has been
set the task of breaking even by 1989 and any
additional cost cannot be justified in these
circumstances.
Union's arguments:
4. (i) The temporary workshop is essentially a galvanised
structure and it is in a bad state of repair. It is
virtually impossible to heat in the cold weather.
The roof leaks and the outer walls are badly holed.
The toilet and washroom are externally sited and are
uncovered. The canteen forms part of the storeroom.
(ii) The garage working area is similarly sub-standard.
There is only one pit provided and it is too short to
allow bus maintenance work to be carried out in a
safe and orderly fashion. The garage floor is
generally uneven. As there is no drinking water
available in the workshop it has to be fetched from a
well some distance away.
(iii) Workers must now leave their homes earlier in the
morning and reach home later in the evening as a
direct consequence of the additional distance they
are required to travel to the present location. As
well as incurring higher petrol costs, they are
greatly inconvenienced by the lack of access to such
facilities as shopping and banking etc.
DECISION:
5. The Court having considered the submissions from both parties
is satisfied that the claimants have been inconvenienced by the
conditions in the temporary garage and accordingly agrees that the
Rights Commissioner's award of #75 should be paid to the
individuals involved.
The Court therefore rejects the appeal and so decides.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___8th____June,____1987. ___________________
M. D. / M. F. Deputy Chairman