LCR12583

Subject:
Payment of "non-participation allowance" to temporary staff.

Recommendation:
6. The Court having considered the submissions made is of the
view that LCR12176 was not intended to apply to the conditions of
employment of temporary conductors and drivers. The Court does
not therefore recommend the payment of the non-participation
allowance to the temporary workers concerned in this claim.

In the event of the temporary drivers being appointed to the
permanent workforce the terms as recommended in LCR12176 would
apply.

Division: Ms Owens Mr Brennan Ms Ni Mhurchu

Text of Document__________________________________________________________________

CD89538 RECOMMENDATION NO. LCR12583


INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67

PARTIES: DUBLIN BUS

AND

IRISH TRANSPORT AND GENERAL WORKERS' UNION
DUBLIN NO. 9 BRANCH



SUBJECT:
1. Payment of "non-participation allowance" to temporary staff.


BACKGROUND:
2. As a result of Labour Court Recommendation No. LCR9901 which
dealt with the implementation of One Person Operation (OPO), bus
crews remaining on two person operation were conceded a
"non-participation allowance" to compensate them for the delay in
converting to OPO. The allowance is dependent on the level of
conversion reached.

3. Due to the slow conversion of routes to OPO the Company
recruited thirty six temporary conductors between March and
August, 1987. Their initial three month contracts were extended
to twelve months and, as a result of LCR11799, they were appointed
to the regular staff. Subsequently the Union sought the payment
of the non-participation allowance to these 36 workers and the
Court found in favour of the Union in LCR12176. In 1988 and 1989
the Company recruited temporary staff on fixed term contracts to
provide annual leave relief during the summer season for its
permanent bus crews. The Union claims that these temporary
recruits should be paid the same non-participation allowance as
permanent staff and that by with-holding such payment the Company
is in breach of LCR12176. The Company contends that LCR12176 is
specific to the 36 workers and does not apply to seasonal
temporary staff. The matter was referred to the conciliation
service of the Labour Court on 26th June, 1989 and as no agreement
was reached at a conference on 21st July, 1989 the matter was
referred, on 3rd August, 1989 to a full hearing of the Labour
Court. The hearing took place on 22nd September, 1989.



UNION'S ARGUMENTS:
4. 1. At the Labour Court hearing which preceded LCR12176 the
Union argued that, unless specifically documented to the
contrary, new entrants should receive the same bonuses and
allowances etc. as regular staff. The Court found no
justification for excluding new entrants from the
non-participation allowance and if it had found any merit in
the Company's argument that new entrants in the future should
be excluded it could have recommended a cut off date. It did
not do so.

2. Following that Labour Court hearing at which the point
about documenting any exceptions to wages and conditions was
fully debated, the Company wrote to the Unions by letter dated
23rd November, 1988, informing them of the conditions under
which new drivers were to be recruited. This letter stated
that the normal terms and conditions of employment applicable
to the current staff would apply with 4 exceptions. The
non-participation allowance was not one of those exceptions.
The Union accepted these conditions and allowed the
recruitment as defined in that letter.

3. There should be no difference in allowances between
temporary and permanent staff and the non-participation
allowance should be paid to all drivers and conductors working
the two person operation (TPO) services.


COMPANY'S ARGUMENTS:
5. 1. The Union's claim is based on clause 4 of LCR9901. The
purpose of that clause was to act as an incentive to staff
employed at that time to vote for O.P.O. It was not intended
for temporary conductors on fixed term contracts employed
subsequent to the recommendation.

2. The Company considers that LCR12176 only applied to the 36
conductors who were appointed to the regular staff following
LCR11799.

3. The temporary conductors had no input and will not have
any input into OPO. They were recruited to operate TPO
services in order to provide annual leave relief for the
permanent conductors.

4. The contract of employment signed by the temporary
conductors excludes payment of the non-participation allowance
and their employment will cease on the 30/09/89.

5. The Company has severe financial difficulties and must
reduce its dependance on Government subvention and cannot
entertain substantial claims of this nature which are not
provided for in the agreement reached in LCR9901.