Labour Court Database __________________________________________________________________________________ File Number: CD89498 Case Number: LCR12528 Section / Act: S67 Parties: BUS EIREANN - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Increased annual leave for two workers.
Recommendation:
5. The arrangement finally agreed between the parties was unique
to the stores-issuers in Dundalk and Broadstone and apart from a
grouping for pay purposes has no direct relationship with any
specific group. Accordingly the Court recommends the following
arrangement which is also unique to them, i.e. one additional day
annual leave in the current leave year and a further additional
day in 1991.
Signed on behalf of the Labour Court
Kevin Heffernan
23rd August, 1998 ----------------
A.McG/U.S. Chairman
Division: CHAIRMAN Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD89498 RECOMMENDATION NO. LCR12528
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BUS EIREANN
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Increased annual leave for two workers.
BACKGROUND:
2. In 1985, a claim for regrading from Stores Issuer (Engineering
Operatives on stores issuing duties) to Storekeeper was made by
the Union on behalf of two workers. One worker is attached to the
Company's Broadstone garage while the other worker is based in its
Dundalk garage. Following long negotiations, involving a Labour
Court investigation, terms for regrading were agreed at a
conciliation conference held in August, 1988. Settlement terms
included:-
(1) Engineer Operatives Group I on stores issuing
duties in Broastone and Dundalk garages to be
designated Store Controllers.
(2) The posts to remain in the wages grade pension
scheme.
(3) The workers to be included in a pilot scheme
of self certification of illness.
(4) Increased travel concessions to be examined.
(5) Increased rate of pay (applicable only to
positions in Broadstone and Dundalk and not a
precedent for other locations).
(6) For future pay negotiations the posts to be
grouped with Engineering Clerks.
In the course of settlement discussions the annual leave
entitlement of Storekeepers and Stores Issuers was mentioned but a
claim for extra leave for the two workers was not pursued as it
was thought that both grades generally had the same leave
allowance. Subsequently, the Union discovered that there was a
difference of three days in the leave allowance of the grades and
it sought to have the extra days applied to the two workers. The
Company rejected this claim and the matter was referred to the
Labour Court on 24th May, 1989. A conciliation conference was
held on 13th June, 1989. No agreement was reached and the Union
requested a Court hearing. The Company agreed and the Court
investigated the dispute on 10th August, 1989.
UNION'S ARGUMENTS:
3. 1. The Company claim that because of its serious financial
situation and the extra costs involved with additional annual
leave, it cannot agree to increased leave entitlement for the
workers. Three days extra leave for two workers is not a cost
factor that will have any impact on the Company's finances.
2. Settlement terms for the regrading of the two workers
provide that the new posts will be grouped with Engineering
Clerks for future pay negotiations. Engineering Clerks have
four days more annual leave than that of the two workers. The
present annual leave entitlement of the regraded workers -
Store Controllers, Storekeepers and Engineering Clerks is as
follows:-
GRADE ANNUAL LEAVE
Store Controller 18 + 3 Service Days
*Store keeper 21 + 3 Service Days
Engineering Clerk 22 + 3 Service Days
(*Grade preculiar to Dublin Bus)
COMPANY'S ARGUMENTS:
4. 1. The claim is totally separate from the claim for
regrading of the two workers and is therefore, debarred as a
cost increasing claim, under the agreement on the 27th Wage
Round between the Company and Unions.
2. The Union assured the Company at negotiations on the
regrading claim that its concession would not be used as a
precedent for any further claims, yet claims from other
Engineering Operatives have been received and processed by the
Union.
3. The two workers concerned with the claim remain wages
grade employees and to grant them additional annual leave
would have a serious repercussive effect considering the large
number of wages grade employees in the Company.
4. All staff in the Company, including Store Controllers,
got an additional day's annual leave during the 1989 leave
year at a substantial cost to the Company.
5. Due to the difficult financial situation of the Company
and the fact that its labour costs are substantially out of
line with competitors, there would be a major problem in
meeting any claims which would increase costs.
RECOMMENDATION:
5. The arrangement finally agreed between the parties was unique
to the stores-issuers in Dundalk and Broadstone and apart from a
grouping for pay purposes has no direct relationship with any
specific group. Accordingly the Court recommends the following
arrangement which is also unique to them, i.e. one additional day
annual leave in the current leave year and a further additional
day in 1991.
Signed on behalf of the Labour Court
Kevin Heffernan
23rd August, 1998 ----------------
A.McG/U.S. Chairman