Labour Court Database __________________________________________________________________________________ File Number: CD87961 Case Number: LCR11688 Section / Act: S20(1) Parties: BUS ATH CLIATH - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION;NATIONAL BUSWORKERS' UNION |
Claim for payment of wages to 34 spare conductors removed from the payroll in Clontarf Depot between the 23rd August, 1987 and the 17th October, 1987.
Recommendation:
7. The Court, having regard to the understanding which existed at
the time the OPO agreement was accepted and the fact that the
situation which evolved in Clontarf was not at that time
anticipated by either party to the agreement, recommends that the
34 conductors be paid for the period from the 23rd August, 1987,
to the 14th September, 1987, the date on which the strike started.
Division: CHAIRMAN Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87961 RECOMMENDATION NO. LCR11688
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: BUS ATH CLIATH
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
NATIONAL BUSWORKERS' UNION
SUBJECT:
1. Claim for payment of wages to 34 spare conductors removed from
the payroll in Clontarf Depot between the 23rd August, 1987 and
the 17th October, 1987.
BACKGROUND:
2. Due to the rapid changeover from two person operation (TPO) to
one-person operation (OPO) there was a surplus of conductors in
Clontarf Garage by the end of 1986. The Company, claiming that
staff shortages existed in other city depots, attempted to
re-deploy these excess conductors. The Unions were not agreeable
to this and claimed such action contravened Clause 1.3 of LCR9901.
Local level discussions were held but failed to resolve the issue
and it was subsequently referred to the conciliation service of
the Labour Court. A conciliation conference failed to resolve the
dispute and it was referred to the Labour Court. Following a
Court investigation in June, 1987, LCR11259 was issued which
recommended inter alia that "the parties should negotiate an
agreement to cover the new and unforeseen circumstances which have
arisen having regard to the Company's need in the interest of
efficiency, to employ all its staff as effectively as possible.
If agreement is not possible the issue should be referred back to
the Court within one month". This was acceptable to both sides
and a meeting was held on the 29th June which failed to resolve
the issue. Further discussions at conciliation level failed to
break the deadlock and the matter was again referred to the Labour
Court. Following a Court hearing on the 31st July, LCR11353 was
issued in which the Court recommended that the Company's proposal
be accepted subject to the payment of an additional week's basic
pay. This recommendation was accepted by the Company but rejected
by the Unions. Following its acceptance of this recommendation
the Company wrote to the Unions on the 13th August advising that
it would be implementing the terms of LCR11353 with effect from
week commencing 23rd August. The ITGWU responded on the 14th
August advising Management of the rejection of the recommendation
and that "any attempt to implement the Labour Court Recommendation
will be resisted".
3. On Sunday 23rd August the Company rostered 37 spare conductors
to other depots. Only three conductors transferred, while the
other 34 reported to Clontarf and were marked absent and were paid
no wages. This situation continued until the dispute was settled
at a Labour Court conciliation conference on the 13th October,
1987. In the meantime, official pickets had been placed on
Clontarf Depot from the 14th September in support of the 34 spare
staff.
4. Following the resolution of the dispute, the Unions sought
compensation for loss of earnings suffered by the 34 spare
conductors during the dispute. This claim was rejected by
Management and the Unions sought to have the issue referred to the
conciliation service of the Labour Court. Management was not
agreeable to this and on the 7th December, 1987, the Unions
referred the case to the Labour Court under Section 20(1) of the
Industrial Relations Act, 1969, agreeing beforehand to accept the
Court's recommendation. A Court hearing was held on the 26th
January, 1988 (earliest suitable date).
NBU'S ARGUMENTS:
5. 1. The Union's claim is that the conductors who were
forcibly removed from the payroll without any agreement should
get their average wages for the period in question. The
Company had no right or entitlement to take the action that it
did which was clearly in breach of all existing agreements.
2. The Union respectfully requests the Court to concede
this claim as failure to do so would be tantamount to saying
that the Company was correct in its action.
3. The Union was recently presented with a viability plan
for the future of the Company which it is expected to discuss
with Management. However, it is very difficult for the Union
to have any confidence in Management because of the events at
Clontarf and the way it generally has treated previous
written, negotiated agreements.
I.T.G.W.U.'S ARGUMENTS:
6. 1. In 1985 the Company decided to forcibly apply the terms
of LCR9901. The Unions did not commence strike action but
instead instructed members to report for normal working and
sought to resolve the issue by peaceful negotiation.
Management marked staff off the payroll until the dispute was
resolved. Following this dispute the Labour Court
investigated a claim for loss of wages for the staff absent
and found in favour of the Unions' claim. This case is
similar to the situation which existd in 1985 and the Court is
requested to be consistent and support the Union's claim.
6. 2. The Labour Court endorsed the Unions' interpretation of
the agreement on O.P.O. when it stated in LCR11259 ".... that
there is no provision for the compulsory transfer of spare
conductors in the agreement or Labour Court Recommendation on
O.P.O...." Both the Company and the Unions accepted that
agreement.
MANAGEMENT'S ARGUMENTS:
6. 1. In order to ensure that there would be smooth transfers
of the surplus non "marked-in" staff at Clontarf to other
locations the Company held many meetings with the Trade
Unions. As these meetings failed to resolve the matter the
Company had no alternative but to transfer the staff which was
provided for in Clause 1.3 of Labour Court Recommendation 9901
which indeed the National Busworkers' Union highlighted as one
of the major points in a News Sheet to their members prior to
their voting on the One Person Operation proposals.
2. The Company postponed the transfers at the Labour
Court's request from the 15th June, 1987 until 23rd August,
1987 after it had accepted the Labour Court Recommendation
11353 and made every effort to avoid a dispute.
3. The cost of conceding this claim would be #50,000
approximately and if conceded would have serious industrial
relations repercussions as it is only on behalf of thirty-four
spare conductors with less than three years' service with the
Company while the remaining (300 approx.) staff at Clontarf
with up to forty years service were also subsequently in
dispute with the Company.
4. The Company used all available machinery including the
services of the Court to resolve the matter and it accepted
the Labour Court Recommendation 11353 before any transfers
were effected. The Company has consistently opposed payments
for time not worked and this principle is well established and
was upheld by the Labour Court on numerous occasions.
5. The staff concerned refused to report to the other
locations and as they did not report for work no payment could
be made. The Company has serious financial problems and only
recently announced a Viability Plan to the staff to redress
the situation.
RECOMMENDATION:
7. The Court, having regard to the understanding which existed at
the time the OPO agreement was accepted and the fact that the
situation which evolved in Clontarf was not at that time
anticipated by either party to the agreement, recommends that the
34 conductors be paid for the period from the 23rd August, 1987,
to the 14th September, 1987, the date on which the strike started.
~
Signed on behalf of the Labour Court
John M Horgan
15th February, 1988 -----------------
D.H./U.S. Chairman