Labour Court Database __________________________________________________________________________________ File Number: CD89265 Case Number: AD8940 Section / Act: S13(9) Parties: BUS EIREANN - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Appeal by the Union against Rights Commissioner's Recommendation No. CW63/89 concerning the withdrawal of a half hour late start on holy days to garage staff in Longford.
Recommendation:
5. The Court, having considered the submissions made and the
Rights Commissioner's recommendation, rejects the Union's appeal
and upholds the Rights Commissioner's recommendation.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89265 APPEAL DECISION NO AD4089
INDUSTRIAL RELATIONS ACT, 1969
SECTION 13(9)
PARTIES: BUS EIREANN
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation No. CW63/89 concerning the withdrawal of a half
hour late start on holy days to garage staff in Longford.
BACKGROUND:
2. A local agreement existed whereby staff who wished to attend
early morning mass on holy days were allowed clock-in a half an
hour late. This late start in the morning was to be matched by a
late finish in the evening. In fact, the late finish in the
evening never materialised. The agreement had been in operation
for 12 years. Following an audit examination of the Longford
operation, the Company unilaterally withdrew the facility as and
from the 15th August, 1988. The Company stated that such an
agreement did not apply anywhere else in the country and was an
anachronism today. The Union claimed that the workers were
entitled to retain the privilege or at least appropriate
compensation should be paid. The Company refuted the claim and
the matter was referred to a Rights Commissioner for
investigation. On 27th February, 1989 the Rights Commissioner
issued the following findings and recommendation.
"...FINDINGS
For whatever reason a privilege has been enjoyed by
these workers for a considerable time. It is
apparent that the local agreement was modified
almost immediately so that the requirement to work
an extra half an hour was dropped. The custom and
practice continued until 15th August, 1988 when it
was stopped. Whatever the desirability of such a
local agreement I believe that the need, in this
case, for it has passed. Perhaps the Company acted
in haste without joint consultation, but I feel that
ultimately the privilege would have been lost, as
it's need lessened.
RECOMMENDATION
I recommend that the Union accepts the loss of this
privilege from the date of this hearing, and that
the Company offers, and the staff concerned (13
approximately) accept, the sum of #27.50 in respect
of the loss and for the period from 15th August,
1988 to 15th February, 1989."
The Rights Commissioner's recommendation was unacceptable to the
Union who appealed it to the Labour Court on 10th April, 1989.
The Court heard the appeal on 2nd May, 1989, in Longford.
UNION'S ARGUMENTS:
3. 1. The Rights Commissioner accepted that the workers in
Longford did in fact enjoy this privilege and that the Company
acted in haste in withdrawing it without consultation. He
felt that the privilege had outlived its usefulness and only
recommended compensation from 15th August, 1988, to 15th
February, 1988.
2. The workers here concerned will be suffering the loss of
this privilege well into the future. The sum of #27.50 is
totally inadequate and if it is to reflect the situation, it
should be a figure of #275.
COMPANY'S ARGUMENTS:
4. 1. The reason for the introduction of the late start was due
to the fact that at that time masses were only held in the
morning time. Evening masses and masses on the eve of a
holyday are now the norm. Therefore, there is no compelling
reason for the arrangement to continue.
2. Staff did not make-up for the late start at the end of the
day. In addition, staff in other garages do not enjoy such a
concession. It could be seen by those of other denominations
as religious discrimination in that they would have to work
while others would be allowed time off with pay.
3. The Company's financial situation is critical and every
effort is being made to effect economics. The Company cannot
countenance the continuation of an irregular practice whereby
staff are given time off, with pay, in order to attend mass
where there are other masses available to them when they are
off duty.