Labour Court Database __________________________________________________________________________________ File Number: CD88662 Case Number: LCR12043 Section / Act: S67 Parties: IARNROD EIREANN - and - CIE CLERICAL AND SUPERVISORY TRADE UNION GROUP |
Dispute concerning the decentralisation of the CIE Information Bureau.
Recommendation:
Claim (a) - Retention of Salary and Conditions
5. The Court accepts that the agreement on assimilation of grades
does not apply to the present claimants. Nevertheless, the Court
does not find good grounds for recommending preferential treatment
for them.
The Court does, however, recommend that the loss of earnings on an
individual basis be compensated in accordance with the agreed
formula and subject to the maximum amount of #4,400. The loss
should be based on current weekly earnings vis-a-vis prospective
weekly earnings under the new rates, inclusive of Sunday working.
Claim (b) - Disturbance Payment
6. The Court does not see merit in this claim and does not,
therefore, recommend its concession.
Division: CHAIRMAN Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88662 RECOMMENDATION NO. LCR12043
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IARNROD EIREANN
BUS EIREANN
BUS ATHA CLIATH
and
CIE CLERICAL AND SUPERVISORY TRADE UNION GROUP
SUBJECT:
1. Dispute concerning the decentralisation of the CIE Information
Bureau.
BACKGROUND:
2. When Coras Iompair Eireann was divided into three separate
subsidiary companies, the Information Bureau came under the
control of Iarnrod Eireann. The Bureau is located in Oriel Street
and consists of one supervisor, three assistant supervisors and
twenty six information bureau attendants. It has now been decided
that each of the subsidiary companies should have a separate
Information Bureau in order to develop its commercial function
along the lines best suited to that company. The decentralisation
provides for new locations as follows:-
Iarnrod Eireann - Lower Abbey Street - 19 staff
Bus Atha Cliath - O'Connell Street - 4 staff
Bus Eireann - Busarus, Store Street - 7 staff
Staff will be assimilated onto the mainstream clerical grades and
clerical conditions of employment will apply. The existing Bureau
operating hours are 0900 to 2100 hours Monday to Saturday and 1000
to 1900 hours on Sunday. Under the proposed arrangements the
Bureaux will open from 0900 to 1900 hours Monday to Saturday and
Sunday attendance would be tailored to meet the needs of the
individual companies and would be covered on a rostered overtime
basis. However, the change to clerical grading will mean the
cessation of shift premium. The Group rejected the Companies'
proposals and sought the maintenance of the current system of
basic pay plus shift allowance with both to be taken into
consideration upon promotion for pay purposes. The Group is also
seeking the payment of disturbance compensation for the move. The
Companies were not prepared to accede to the Group's request. As
no settlement could be reached at local level, the matter was
referred to the conciliation service of the Labour Court. No
basis for a settlement was reached at a conciliation conference
held on 24th August, 1988 and the matter was referred to the
Labour Court for investigation and recommendation. A Court
investigation into the dispute was held on 2nd September, 1988.
GROUP'S ARGUMENTS:
3.1 The shift allowance was introduced as a result of Labour
Court Recommendation No. LCR5377 which stated that "The Court
notes that the rostered system of these workers insofar as
Sunday was part of the working week is fundamentally
different to that applying to clerical staff and is more akin
to that applying to road passenger operatives" and, as road
operatives were paid a shift allowance of one sixth, the
Court recommended a similar payment for the Bureau staff.
3.2 The Union is concerned about the real value of promotion
opportunities to the workers. The Company is in the process
of finalising a programme of recruitment of permanent
clerical staff which will undoubtedly minimise opportunities
for progression. It is significant that none of the bureau
attendants who applied for these posts through the available
internal machinery was successful. Even in the event of
further casual clerical officer vacancies arising, all the
other assimilated grades have direct "hands on" experience of
the clerical work and would be regarded as more suitable
candidates for promotion. There is no likelihood of the
bureau attendants getting any clerical experience given their
function in the Bureau. The Labour Court in Recommendation
No. LCR5377 recognised this. The bureau attendants have
never been comparable to clerical staff insofar as weekly
working arrangements and Sunday duty were concerned.
3.3 The Group suggested that the issue might be resolved and the
transfer proceed if the Company agreed to the workers
retaining their basic salary and shift allowance on a
personal basis until such time as they progressed
individually to Clerical Officer status. In this regard,
past practice and procedure in the Companies has been that,
on progression from allied grades to Clerical Officer, the
individual was slotted into the next nearest point of the
scale, taking account of basic salary and regular premium
earnings. The Group believes its proposal to be eminently
reasonable and does not in any way prejudice the Company in
varying the terms and conditions of employment of new
apprentices to the Bureau.
3.4 All of the workers concerned have worked the present shift
rosters since their appointment to the posts. In most cases
the workers have service in excess of ten years. Their
regular weekly pay must be regarded as being composed of
basic salary and shift allowance. The withdrawal of shift
would represent a serious loss to the workers (details
supplied to the Court).
3.5 There is precedence within the companies where shift working
arrangements were discontinued for various grades of staff
and the workers were duly compensated in accordance with laid
down agreements. There is an agreed formula of calculation
and a current maximum amount payable of #4,400 (details
supplied to the Court). The application of this formula
would not create any precedent for any other group of staff
within the assimilation process and, furthermore, the Group
are prepared to offer an assurance that, if recommended, the
formula would not be utilised as a precedent or comparator in
any future negotiations with the Companies in this area.
3.6 The Company's proposal involves a dissolution of the present
Bureau and consequently represents a major re-organisation
for all the workers involved. The Court recognised the
unique position of these workers in LCR5377 and recommended
disturbance payment despite the strong objections of the
Company at that time. Despite the Government embargo the
Companies have paid disturbance allowances to staff in some
specific cases where they have been relocated.
COMPANIES' ARGUMENTS:
4.1 The payment of shift premium was originally conceded on the
basis of the requirement for the Bureau staff to work a five
day roster spread over seven days. Sunday was therefore part
of the normal working week. In the new situation, under the
provisions of the clerical agreement, the working week will
be five days spread over six (Monday to Saturday). Sunday
will not be part of the working week but will be covered on a
rostered overtime basis.
4.2 The Group's suggestion that the workers will lose #30 per
week as a result of the loss of shift premium is incorrect,
as the advantage of Sunday overtime has not been taken into
account. Any adverse financial implications of the
decentralisation for individual members of the Information
Bureau staff which may arise initially will be
counterbalanced by promotional opportunities, to which the
staff did not hitherto have an entitlement, through
assimilation into the clerical grades.
4.3 The assimilation of the Bureau staff into the clerical grades
has already been agreed with the trade unions (details
supplied to the Court). The Group indicated its acceptance
of the total package for assimilation of clerical grades by
letter of 15th August, 1988. Accordingly, Iarnrod Eireann
has implemented the assimilation proposals with effect from
18th August, 1988. The Companies submit that, on
assimilation of the Information Bureau staff into the
"mainstream" clerical grades, the conditions of employment of
clerical grades are applicable to those workers.
4.4 The Group's proposals for the Bureau staff, which include the
retention of existing rates of pay and conditions of
employment in the new positions in the subsidiary companies
and that bonus payments should be reflected in the basic rate
of pay on promotion, are completely contrary to the
conditions under which it has been accepted that the
assimilation of "allied" grades should take place and would
constitute a fundamental breach of the agreement. In such
circumstances the Company would be obliged to reconsider the
entire question of assimilation.
4.5 In the case of all staff who are being assimilated, the basic
rate of pay is the criterion for determining the appropriate
point on the clerical scales and an exception cannot be made
in the case of Information Bureau staff. To treat these
workers more favourably than other staff would be
discriminatory and could have widespread repercussive
effects.
4.6 In a recent promotion situation, successful staff were placed
on the first point of the relevant scale.
4.7 CIE has not escaped the effects of the cut-backs brought
about by the state of the national finances and the reduction
in Government subvention means that a substantial reduction
in expenditure must be achieved by each of the three
subsidiary companies. All three companies are in a viability
situation and, because of this factor and the special
circumstances involved, the Companies do not consider that
payment is warranted for any short-term loss of earnings
which may emerge. The Labour Court, in Recommendation No.
LCR11936, did not concede a claim for compensation for loss
of earnings because of the financial position in the Eastern
Health Board.
4.8 The Government embargo precludes the payment of disturbance
allowances and previous Labour Court Recommendations upheld
the non-payment of disturbance compensation (LCR11005 and
LCR11385 refer). The movement involved is marginal in each
case and will eliminate any existing concern of staff
concerning the location of the Bureau.
RECOMMENDATION:
Claim (a) - Retention of Salary and Conditions
5. The Court accepts that the agreement on assimilation of grades
does not apply to the present claimants. Nevertheless, the Court
does not find good grounds for recommending preferential treatment
for them.
The Court does, however, recommend that the loss of earnings on an
individual basis be compensated in accordance with the agreed
formula and subject to the maximum amount of #4,400. The loss
should be based on current weekly earnings vis-a-vis prospective
weekly earnings under the new rates, inclusive of Sunday working.
Claim (b) - Disturbance Payment
6. The Court does not see merit in this claim and does not,
therefore, recommend its concession.
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Signed on behalf of the Labour Court
27th September, 1988 John M Horgan
RB/PG ---------------
Chairman