Labour Court Database __________________________________________________________________________________ File Number: CD89524 Case Number: LCR12519 Section / Act: S67 Parties: BUS EIREANN - and - NATIONAL BUSWORKERS UNION |
Claim by the Union that seniority should form the basis of the rostering of spare drivers.
Recommendation:
5. Having considered the submissions from the parties and noting
the manner in which the rostered spare drivers pool had operated
previously in the area the Court is of the view that the Company
did not act in an unreasonable manner.
The Court therefore recommends that the present system continue
for this season and that all the parties concerned meet and
examine whether the system can be changed by agreement for the
future.
Division: Ms Owens Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89524 RECOMMENDATION NO. LCR12519
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BUS EIREANN
and
NATIONAL BUSWORKERS UNION
SUBJECT:
1. Claim by the Union that seniority should form the basis of the
rostering of spare drivers.
BACKGROUND:
2. Bus Eireann (Dundalk) operates approximately 30 rosters. In
addition there are 5 permanent "rostered" spare drivers above the
normal complement of staff to cover absences due to illness,
annual leave etc. During the summer some routes have been
suspended because of the closure of schools, and the 6 drivers
concerned have been designated as spare until the schools re-open
at which point they will resume normal duties. The Union claims
that all the spare drivers should form one pool and that overall
seniority should be regarded as paramount in deciding who is
rostered for which duty. The matter is complicated by the fact
that some of the drivers are represented by another union, which
takes the view that it is custom and practice in Dundalk that the
five "rostered spare" drivers should have priority in the
allotment of duties. This is a view with which the Company
largely concurs. The dispute has led to industrial action in the
form of picketing by the Union members at the Dundalk garage. The
Company contends that the action was unofficial and unjustified.
Agreement was reached at local level on the suspension of
picketing pending third party intervention, but the central issue
was not resolved. On 24th July, 1989, the matter was referred to
the conciliation service of the Labour Court. A conciliation
conference took place on 25th July, 1989, but no agreement was
reached. On 28th July, 1989 the matter was referred to the Labour
Court for investigation and recommendation. A Court hearing took
place in Dublin on 4th August, 1989.
UNION'S ARGUMENTS:
3. 1. The position regarding seniority is quite clear, as can be
seen from the relevant clause of the National Agreement
governing all grades in Bus Eireann:
"The seniority date of a driver or conductor with the
exception of some former G.N.R. staff as shown hereafter
is the commencing date of the last continuous period of
his employment in the grade.
An employee who became redundant during the emergency
period 1939/45 receives credit for continuous service in
his grade prior to the redundancy.
In the case of former G.N.R. staff, where the commencing
date of the last continuous period of employment in the
grade is not available from the records, such employees
are credited with a period of 12 months immediately prior
to their date of appointment in the grade."
This is a national agreement, and it cannot be unilaterally
undermined. The Union is determined to resist attempts to
erode the primacy of seniority.
2. The issue of seniority is one which has national
implications (details supplied to the Court). Workers in
garages around the country would have every right to be
perturbed if their seniority rights are undermined. This
would be a recipe for a totally unnecessary confrontation.
All that is required is that the Company should abide by
existing agreements.
3. There is no provision in any existing agreement which
allows the Company to proceed with what it attempted to do.
It created a dispute in the Dundalk area against the
background of an established agreement which it unilaterally
tried to alter. It must take full responsibility for the
upsets caused to the travelling public.
COMPANY'S ARGUMENTS:
4. 1. The custom and practice in the Dundalk garage over the
years has been that the five permanent spare drivers have
seniority over the six temporary spare drivers for the
allocation of work during the summer season. Any change in
this procedure can only be introduced through discussions and
agreement between the two Unions concerned and the Company.
The Company has no objection to a change in the procedure for
rostering spare drivers providing that the new procedure to be
adopted is acceptable to both Unions, and that no additional
cost is incurred by the Company.
2. No notice of industrial action was given to the Company,
even in a situation where the Union maintained that the strike
was official. As already indicated, the customary period of
strike notice in the case of wages grade staff is seven days
and the Company must insist on such notice in order to allow
discussions to take place on claims/disputes so that every
opportunity can be taken to ensure a continuation of services
to customers. Any break in the continuity of services has
severe effects on the Company, particularly at a time of
growing private competition. The question of strike notice
was part of a Labour Court Recommendation, (in which the Union
was concerned) as recently as 1981. The Court considered that
if the Company is required to give 7 days protective notice of
lay-off, the trade unions should give a corresponding 7 days
notice of strike (L.C.R. No. 6531 refers). In the agreement
on the 27th Wage Round reached between the Company and all the
Trade Unions (including the N.B.U.) one of the conditions
accepted as part of the Agreement was as follows:-
"agreement to utilise all the normal procedures to avoid
any disruption or threat of disruption to services due to
industrial disputes during the period of the agreement."
The Company would ask the Court again to recommend adherence
to the 7 days notice of strike action and therefore to uphold
good industrial relations practice.
RECOMMENDATION:
5. Having considered the submissions from the parties and noting
the manner in which the rostered spare drivers pool had operated
previously in the area the Court is of the view that the Company
did not act in an unreasonable manner.
The Court therefore recommends that the present system continue
for this season and that all the parties concerned meet and
examine whether the system can be changed by agreement for the
future.
~
Signed on behalf of the Labour Court
Evelyn Owens
________________________
18th August, 1989 Deputy Chairman.
P.F./J.C.