Labour Court Database __________________________________________________________________________________ File Number: CD89643 Case Number: LCR12636 Section / Act: S67 Parties: IRISH RAIL - and - I.C.T.U. RAIL OPERATIVE TRADE UNION GROUP;NATIONAL BUSWORKERS UNION |
Dispute concerning the operation of Sunday morning trains from Dun Laoghaire.
Recommendation:
6. The Court finds that an agreement on the operation of the
train services between Dun Laoghaire Station and Connolly and
Heuston Stations was reached between the parties in February, 1988
and that this agreement was unilaterally amended in May 1988.
The Court recognise the difficult financial situation of the
Company. However they are of the view that if good industrial
relations are to be maintained and developed the parties must
adhere to agreements.
Accordingly the Court recommends that the arrangements agreed in
February, 1988 should apply in respect of the operation of the
train service concerned.
The Court notes the points made by the Company regarding capacity
existing to enable a more efficient use to be made of resources.
The Court also noted the views expressed by the unions
representatives that changes in rosters to provide greater
efficiency had been and were capable of being resolved in
discussion and negotiation.
The Court taking cognisance of these views and the financial
position of the Company recommends the parties engage in
discussions with a view to improving the efficiency and achieving
a more economical use of the resources in this case and that these
discussions be concluded within a reasonable time.
Division: MrMcGrath Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89643 RECOMMENDATION NO. LCR12636
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH RAIL
and
I.C.T.U. RAIL OPERATIVE TRADE UNION GROUP
NATIONAL BUSWORKERS UNION
SUBJECT:
1. Dispute concerning the operation of Sunday morning trains from
Dun Laoghaire.
BACKGROUND:
2. In January, 1988 the Company informed the Unions that it
proposed to re-introduce a train service on Sundays between Dun
Laoghaire and Connolly and Heuston Stations. The Company proposed
that two Link No. 1 drivers, one of which operates between
Connolly and Wicklow on Sunday mornings and the other which
operates between Connolly and Mostrim (Sligo) should also operate
the Dun Laoghaire service due to excess capacity in their rosters.
This was rejected by the Unions. In February, 1988 it was agreed
that from 21st February, 1988 the following arrangements would
apply:-
- the Link No. 1 driver operating between Connolly and
Wicklow would, prior to that duty drive a train from
Connolly to Heuston and back as part of the Dun Laoghaire
operation,
- the Link No. 1 driver working between Connolly and Mostrim
would operate as normal,
- a third driver from Link No. 3 would be rostered to work
between Connolly and Dun Laoghaire.
3. On 19th May, 1988 following discussions between the Company
and Unions on the introduction of new timetables, the Company
wrote to the Unions informing them that from Sunday 22nd May,
1988, Sunday pier train working was to be performed by the Link
No. 1 drivers only. This was in line with the Company's original
proposals for the route. The Company's position is that the
February, 1988 agreement was an interim one. This was
unacceptable to the Unions on the basis that the February, 1988
agreement was not a temporary one. The workers concerned refused
to participate in the new rosters and management hired buses from
Dublin Bus to provide a substitute service, which has continued.
No agreement could be reached and a conciliation conference took
place in October, 1988 following which a further local level
meeting was held in November, 1988. A further conciliation
conference took place on 5th May, 1989 at which it was proposed
that three drivers operate the Dun Laoghaire route during the
summer and two during the winter. However, this was subsequently
rejected by the Unions and on 14th September, 1989 the matter was
referred to the Labour Court for investigation and recommendation.
The Court investigated the dispute on 13th October, 1989.
UNIONS' ARGUMENTS:
4. 1. Prior to 1980 a boat train service operated directly from
Dun Laoghaire and most of the drivers were from Link No. 3.
In 1980 the Company suspended the service to make way for the
D.A.R.T. development and introduced a substitute bus service.
In the expectation of the restoration of this service the Link
No. 3 drivers did not pursue a loss of earnings claim. When
the service was restored last year the Union were satisfied
that the Company recognised the previous involvement of the
No. 3 Link. However, the Company's timetable change has
effectively excluded Link No. 3 drivers from the work content.
2. The regular Sunday roster on the Connolly/Sligo (Mostrim)
train is a complete working for that day and under the mileage
clause Connolly to Mostrim and back constitutes a mileage turn
of duty. The drivers are not prepared to accept the pier
train working added on to that roster. The roster which
operated from 21st February, 1988 (details supplied to the
Court) was agreed between the Company and Unions and is the
one which should continue to operate. The Company has tried
to break the agreement under the pretext of a timetable
change.
COMPANY'S ARGUMENTS:
5. 1. The Company is in a difficult financial situation and is
required by the state to reduce expenditure by 3.7% per annum.
The Company incurred costs of approximately #3m in
implementing phase 1 of the Programme for National Recovery
and will incur a further #3m in implementing phase 2. The
Company must contain and reduce expenditure in order to be
viable and to preserve employment and there must be
co-operation on measures designed to produce greater
efficiency and cost effectiveness.
2. The inclusion of the service to and from Dun Laoghaire
into the rosters of the Link No. 1 drivers is the only
reasonable procedure, in order to achieve economical working.
By agreement between the Unions and the Company a driver on
duty on Sundays must be rostered for a minimum of six hours
and forty minutes, which is paid at double time. Taking the
rosters of the two Link No. 1 trains as per the Company's
original proposals there would be more than enough time for
the drivers to carry out this service. The trains to and from
Dun Laoghaire to Connolly and Heuston on Sundays should be
operated by the two drivers on Link No. 1 as proposed.
RECOMMENDATION:
6. The Court finds that an agreement on the operation of the
train services between Dun Laoghaire Station and Connolly and
Heuston Stations was reached between the parties in February, 1988
and that this agreement was unilaterally amended in May 1988.
The Court recognise the difficult financial situation of the
Company. However they are of the view that if good industrial
relations are to be maintained and developed the parties must
adhere to agreements.
Accordingly the Court recommends that the arrangements agreed in
February, 1988 should apply in respect of the operation of the
train service concerned.
The Court notes the points made by the Company regarding capacity
existing to enable a more efficient use to be made of resources.
The Court also noted the views expressed by the unions
representatives that changes in rosters to provide greater
efficiency had been and were capable of being resolved in
discussion and negotiation.
The Court taking cognisance of these views and the financial
position of the Company recommends the parties engage in
discussions with a view to improving the efficiency and achieving
a more economical use of the resources in this case and that these
discussions be concluded within a reasonable time.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________________
13th November, 1989. Deputy Chairman
U.M./J.C.