Labour Court Database __________________________________________________________________________________ File Number: CD8942 Case Number: LCR12339 Section / Act: S67 Parties: IRISH RAIL - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim by the Union on behalf of an engineering operative for compensation for loss of earnings.
Recommendation:
5. The Court is satisfied that the claimant was aware that his
appointment to the watch house was in a temporary capacity pending
its closure. The Court does not therefore recommend concession of
the Union's claim.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD8942 RECOMMENDATION NO. LCR12339
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH RAIL
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim by the Union on behalf of an engineering operative for
compensation for loss of earnings.
BACKGROUND:
2. In January, 1988 the watchhouse in which this worker is based
was closed. The Union is seeking compensation for the worker as
he was reduced in grade from an engineering operative grade 1 to
grade 2 with the loss of a differential of #5.98 per week and
shift allowance and weekend working. Management rejected the
claim on the basis that the worker when he took up the post on
14th February, 1987 was informed that he was going on higher duty
to engineering operative grade 1 in the watchhouse on a temporary
basis pending its closure. No agreement could be reached and on
3rd August, 1988 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 27th September, 1988 at which no progress was made and on 18th
January, 1989 the matter was referred to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 22nd February, 1989.
UNION'S ARGUMENTS:
3. 1. In January, 1987 the Company wrote to the Union proposing
a re-organisation and stating that it wished to close the
watchhouse. Discussions took place in November, 1987 and an
amended proposal was issued (details supplied to the Court).
Further discussions took place in December, 1987 and January,
1988 and at the latter the Union agreed in principle to the
proposal provided that a number of further amendments were
made. One of these was that compensation should be paid for
losses suffered as a result of the changes and in connection
with this the Union made a formal application on behalf of
the worker concerned.
3. 2. The worker concerned has suffered a loss of #93.32 per
week (details supplied to Court). The Union does not accept
that the position was a temporary one and this was never
discussed with the Union. The worker would have continued to
enjoy the conditions of the position if no changes had taken
place. The Company on a national level have accepted the
principle of compensation for loss, the various codes of
operation within the job have provision for such payments and
in the most recent negotiated productivity deal for the
shopworkers group of which this worker is a member, the
Company has paid compensation for loss.
COMPANY'S ARGUMENT:
4. 1. The Company advised the trade unions some years ago that
the watchhouse would have to be closed as there was no real
need for it. The temporary vacancy which this worker filled
arose out of the downgrading of another engineering operative
following a disciplinary hearing. The Assistant Area Rail
Manager (Running) at the time and who was in charge of the
rail maintenance section has a clear recollection of informing
the worker that he was going on higher duty to engineering
operative grade 1 in the watchhouse on a temporary basis
pending its closure. Since 1986 the Union was aware that the
watchhouse was to close and did not press for the worker's
appointment which it would normally do in a situation where
there was an unfilled vacancy for any length of time.
2. In a previous situation in 1985 the worker was appointed
to a position as engineering operative grade 2 assisting
electricians which had shift allowance and Sunday duty and
therefore higher earnings. Shortly afterwards it was decided
to withdraw helpers from electricians. Following a Union
claim that the worker had a life expectancy of the higher
earnings he was given agreed compensation of #2,632, although
he was only on higher earnings for a short time. In
situations where it is agreed to pay compensation the Company
pays a sum immediately, more after six months and most of it
after twelve months. However in Cork the Company usually
agrees a sum which is paid on the spot, thereby leaving the
worker to pick up enhanced earnings if they become available.
If the Company wide procedure had been followed in this case,
the Company would not have given him any compensation after
twelve months as he was then back on the higher earnings.