Labour Court Database __________________________________________________________________________________ File Number: CD88602 Case Number: LCR12029 Section / Act: S67 Parties: IRISH RAIL - and - RAIL OPERATIVE TRADE UNION GROUP |
Claim on behalf of five senior depotpersons at Bray and Pearse Street stations to be designated DART senior depotpersons and be paid the traffic co-ordinators' rate of pay or an allowance equal to the difference between the senior depotpersons' rate and the rate of traffic co-ordinators.
Recommendation:
6. Having considered the submissions made, the Court takes the
view that while the work of the senior depotpersons concerned has
not changed in essentials, it has been made more onerous by the
greater frequency of DART services in Bray and the handling of the
Outer Suburban Trains at Pearse. The Court therefore recommends
that the terms of Recommendation No. 11269 should be extended to
apply to these workers.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88602 RECOMMENDATION NO. LCR12029
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH RAIL
and
RAIL OPERATIVE TRADE UNION GROUP
SUBJECT:
1. Claim on behalf of five senior depotpersons at Bray and Pearse
Street stations to be designated DART senior depotpersons and be
paid the traffic co-ordinators' rate of pay or an allowance equal
to the difference between the senior depotpersons' rate and the
rate of traffic co-ordinators.
BACKGROUND:
2. A new wages grade structure came into operation in 1979
following agreement being reached on a productivity scheme.
Grades were grouped together and new titles applied. Senior
depotpersons were formerly either station foremen, yard foremen or
working foremen. When the DART system was introduced, senior
depotpersons were nominated as the grades that would sell tickets
at the suburban stations. Depotpersons appointed to the DART
system selling tickets were subsequently awarded an allowance of
#4 per week (LCR11269 refers).
3. In 1985, the Group lodged a claim for upgrading of the five
claimants to the grade of traffic co-ordinator whose basic rate of
pay is #11.65 more than senior depotperson. This was later
amended to the claim shown at paragraph 1 above. A joint Working
Party was established to examine the work of the claimants but
following completion of the exercise, no offer was made by the
Company. Following the failure of local level discussions, the
Group referred the issue to the conciliation service of the Labour
Court on the 7th June, 1988. A conciliation conference on the
22nd July failed to resolve the issue and on the 3rd August it was
referred to the Labour Court for investigation and recommendation.
A Court hearing took place on the 31st August, 1988.
GROUP'S ARGUMENTS:
4.1 Bray station has become a major railhead and for all intents
and purposes is a Parent Station. The area of control for
Bray and Pearse Street is divided and the senior depotperson
at each accepts responsibility for ensuring that each of the
intermediate stations is staffed adequately, particularly
first thing in the morning.
4.2 The senior depotperson on duty must provide relief when
necessary. Howth and Bray are the railheads or termini for
the DART operations and E.M.U. units are stabled in Bray
overnight. Those trains have to be cleaned and staff must be
available to operate the trains in the morning.
4.3 While locomotive drivers are supervised by locomotive
foremen, senior depotpersons must have an overall
understanding with the drivers when changes have to be made
to the schedules at short notice. The entire Bray operation
relies on team work and while the senior depotpersons are not
obliged to be supervisors as such, they must nevertheless
issue instructions to depotmen, guards and travelling ticket
collectors, the latter two grades having the same rate of pay
as the individual giving the instructions.
4.4 A somewhat similar situation exists at Pearse Station. Outer
suburban trains are "stabled" here, and those trains have to
be cleaned and available for the following morning. The
senior depotperson on duty has to ensure that train crews
with the exception of locomotive drivers are available and
here again a smooth operation can only come about if there is
co-operation all round.
4.5 Something must be done insofar as the rates of pay of these
senior depotpersons at these locations are concerned. A
system that places responsibility on shoulders and ignores
payment for such responsibility is a bad system. Advance
technology brings about changes and all parties must be
prepared to cope with those changes. DART is the Irish Rail
showpiece and those employed in this prestigious transport
system must be fully recognised for the part they must play
in its success.
4.6 Most workers involved in or who become part of the suburban
system have benefitted finacially (details supplied). It is
only at Bray and Pearse Stations that senior depotpersons are
responsible for Termini where trains are stabled overnight.
The part played by the workers concerned in the DART system
requires greater recognition and the traffic co-ordinators'
rate is justified in this instance.
COMPANY'S ARGUMENTS:
5.1 There are three senior depotpersons at Bray Station, and two
at Pearse. Those employed at Bray rotate on day, evening,
and night turns of duty, and those at Pearse rotate on day
and evening turns. The two stations are each under the
control of a Station Master, who attends normally between
09.00 hours and 17.12 hours, and may be called out in
emergencies, outside of normal working hours. The Station
Master has overall responsibility for the staff and the
operations carried out at his station. The senior
depotpersons report to the Station Master and their duties
mainly comprise directions to passengers and attendance at
platforms for arrival and departure of trains, the upkeep and
cleanliness of station premises and shunting work. In
addition, the functions of the senior depotpersons at Bray
include supervision of routine cleaning and valeting of seven
Dart trains and three push/pull trains, which are stabled
there overnight. They also liaise with the Central Control
Centre at Connolly and the Locomotive Foreman at Fairview,
who control the DART Services, in cases of problems arising,
and they convey instructions received to locomotive drivers.
The final arrangements, for dealing with such operating
problems, are the responsibility of the Central Control
Office and the Locomotive Foreman referred to. There are
also chargehand drivers at Bray, who deal with local
supervision of the drivers attached to that Depot.
5.2 There are no trains stabled at Pearse overnight. During the
day, approximately 14 Outer Suburban Trains are sent to
Pearse and are given a light 'in-between trip', cleaning and
valeting. The majority of these trains are dealt with during
the day time hours, when the Station Master is on duty. The
senior depotperson supervises the work, and also shunting, as
necessary.
5.3 There are six Halts under the control of Pearse and three
Halts under the control of Bray. These Halts are manned by
senior depotpersons. Each morning, the senior depotpersons
on duty at Pearse and Bray contact these Halts, by phone, to
ensure that they are manned and open for traffic. If
necessary, they make arrangements for a relief man to be sent
to a Halt. Such instances, however, would arise only in
exceptional circumstances, where, for example, the senior
depotperson at the Halt, might be prevented from attending,
due to illness, in circumstances where he could not give
timely notice to the Station Master at his Parent Station.
5.4 The senior depotpersons at Pearse and Bray do not supervise
the staff at the Halts, nor do they issue instructions to the
senior depotpersons there, on their own authority (details
supplied to the Court). The work of the senior depotpersons
at Pearse and Bray, is similar in responsibility to that of
the previous grade of yard foreman and station foreman, which
grades were combined under the new grade of senior
depotperson, under the Rail Operative Productivity Agreement,
finalised in 1979 - except that, formerly, there was a much
higher level of activity, due to a greater volume of traffic
on the railways.
5.5 The Trade Union Group also referred to the fact that 42
senior depotpersons, at the Halts between Howth and Bray,
were recommended an increase of #4 per week, in Labour Court
Recommendation No. 11269 of the 1st July, 1987. In this
case, it should be pointed out that a salient argument, on
behalf of these senior depotpersons, was the extent and
complexity of the ticket issuing duties performed, especially
due to the frequency of the DART Services and the increased
variety of tickets and fares. Also, the responsibility for
dealing with considerable amounts of cash, was stressed. As
there are Booking Offices staffed by clerical officers at
Pearse and Bray, the senior depotpersons there are not
required to issue tickets to passengers, or deal with cash.
5.6 Concession of this claim would inevitably lead to a similar
claim on behalf of all other senior depotpersons. In
addition, the claimants are on the same rate of pay as six
other grades and any change in the rate of pay for a
particular grade would tend to upset the entire rail
operative grading and wages structure.
5.7 Consideration must also be given to the serious financial
situation of the Company. In the year ended the 31st
December, 1987, the Company's deficit amounted to #96.2m. It
is most urgent that this deficit be considerably reduced if
the Company is to survive in its present form.
RECOMMENDATION:
6. Having considered the submissions made, the Court takes the
view that while the work of the senior depotpersons concerned has
not changed in essentials, it has been made more onerous by the
greater frequency of DART services in Bray and the handling of the
Outer Suburban Trains at Pearse. The Court therefore recommends
that the terms of Recommendation No. 11269 should be extended to
apply to these workers.
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Signed on behalf of the Labour Court
20th September, 1988 John O'Connell
DH/PG Deputy Chairman