Labour Court Database __________________________________________________________________________________ File Number: CD8713 Case Number: LCR11197 Section / Act: S67 Parties: CIE - and - NATE |
Claim for an increase in the disturbance allowance made to a platelayer.
Recommendation:
5. The Court finds that the disturbance paid to Mr O'Keefe was
correct in accordance with the agreement between CIE and the
relevant trade unions. The Court does not therefore recommend
concession of the claim.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD8713 THE LABOUR COURT LCR11197
CC86624 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11197
Parties: C.I.E (IRISH RAIL)
and
NATIONAL ASSOCIATION OF TRANSPORT EMPLOYEES
Subject:
1. Claim for an increase in the disturbance allowance made to a
platelayer.
Background:
2. In 1978, remanning of permanent way gangs took place and in
March of that year the Waterford Mobile Gang was reassigned to the
Limerick/Waterford line, its Headquarters was designated as Grange
and so it was renamed the Grange Mobile Gang. A disturbance
allowance was paid to members of the gang and the worker concerned
received a disturbance allowance of #92.00 in accordance with the
agreement for changes in gang lengths of less than ten miles (from
centre of old length to centre of new length). The Union claimed
that the worker concerned was entitled to a disturbance allowance
based on a distance of more than ten miles which would have been
#430, the Company did not concede this claim. The matter was
referred to the conciliation service of the Labour Court on 25th
March, 1986 and a conciliation conference took place on 13th May,
1986 at which no agreement could be reached. On 9th January,
1987, the matter was referred to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 9th April, 1987.
Union's arguments:
3. (i) The old headquarters length of the gang was 67 miles to
74 miles 1500 yards from Mallow on the Ballinacourty
branch and the new length on the Limerick to Waterford
branch is 66-74 miles from Limerick. The disturbance
allowance should therefore have been based on a distance
of more than ten miles which would be #430 and as #92 was
paid the worker is entitled to a further #338.
(ii) Another worker on this gang received a disturbance
allowance of #430 following a civil court action against
the Company.
Company's arguments:
4. (a) The agreement for disturbance allowance payments for
permanent way workers was accepted by the Unions
concerned.
(b) The Waterford Mobile Gang's Headquarters length was 74.50
to 75 3/4 miles from Mallow on the Mallow/Waterford Line
and following the permanent change in March 1978 the
gang's Headquarters was designated Grange with a length
of 68 to 74 miles from Limerick on the Limerick/Waterford
line. The payment made to the worker was therefore in
accordance with the agreement for disturbance allowances
for distances of less than ten miles (details supplied to
the Court).
Recommendation:
5. The Court finds that the disturbance paid to Mr O'Keefe was
correct in accordance with the agreement between CIE and the
relevant trade unions. The Court does not therefore recommend
concession of the claim.
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Signed on behalf of the Labour Court
22nd May, 1987 John M Horgan
UM/PG --------------
Chairman