Labour Court Database __________________________________________________________________________________ File Number: CD9062 Case Number: AD9016 Section / Act: S13(9) Parties: BUS EIREANN - and - SERVICES, INDUSTRIAL, PROFESSIONAL, TECHNICAL UNION;AMALGAMATED GENERAL ENGINEERING MECHANICAL OPERATIVES UNION |
Appeal by the Unions against Rights Commissioners recommendation No. BC221/89, concerning wheel changing duties at the Broadstone depot.
Recommendation:
In the light of the above I recommend that Wheel Changing
Duties at Broadstone are the work of both Engineering
Operatives and Mechanics and should be carried out by either
group in the Road Passenger Section of Broadstone as
instructed by their Supervisors."
The Rights Commissioner's recommendation was rejected by the
Unions who appealed it to the Labour Court on 19th January, 1990,
under Section 13(9) of the Industrial Relations Act, 1969. The
Labour Court heard the appeal on 16th February, 1990.
UNION'S ARGUMENTS:
3. 1. The Company has said that the practice of only engineers
changing the wheels of buses was bought out under the 1983
Productivity Agreement. This is disputed by the Unions. If
it had been bought out then why was it allowed to continue for
a further seven years. Mechanics have never done this work
and the Company are now attempting to change custom and
practice for efficiency reasons. If the Company wishes to get
a new productivity agreement the mechanics will have to be
compensated.
2. Over the last number of years there has been a decrease in
the number of engineers employed and a decrease in the numbers
working shift. The engineers fear that if mechanics take over
duties that have traditionally been carried out by engineers,
then there may well be a further reduction in the number of
engineering operatives. The engineers are already at risk
through the Company's decision to use outside contractors to
change wheels of buses in the Road Freight Section.
COMPANY'S ARGUMENTS:
4. 1. In all other garages and indeed in all other sections of
the Broadstone Garage, both engineers and mechanics change
wheels as instructed by their supervisors. The Company
believes that the change requested is not unreasonable.
Demarcation of this type does not help the Company in its
efforts against its competitors, the private operators. The
Company is in a serious financial situation and its policy of
providing a viable service and protecting jobs is being
threatened by such demarcation practices.
2. Every effort has been made by the Company to have this
practice amended. However, these have proved fruitless. The
current practice is both costly and cumbersome and must be
discontinued.
DECISION:
5. The Court finds no grounds to alter the recommendation of the
Rights Commissioner.
The Court so decides.
Division: MrMcGrath Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD9062 APPEAL DECISION NO. AD1690
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: BUS EIREANN
and
SERVICES, INDUSTRIAL, PROFESSIONAL, TECHNICAL UNION
AMALGAMATED GENERAL ENGINEERING MECHANICAL OPERATIVES UNION
SUBJECT:
1. Appeal by the Unions against Rights Commissioners
recommendation No. BC221/89, concerning wheel changing duties at
the Broadstone depot.
BACKGROUND:
2. There is a practice in the Road Passenger Section of
Broadstone Garage whereby only the engineering operatives change
the wheels of buses. This has created a situation whereby a
mechanic in a repair situation must call on an engineer to remove
and replace wheels as necessary. The Company, through discussion,
sought to have this practice amended so that either mechanics or
engineers should change wheels of buses if instructed by a
supervisor. No agreement was achieved at lengthy local
discussions and the matter was referred to a Rights Commissioner
for investigation and recommendation. On 12th January, 1990, the
Rights Commissioner issued the following findings and
recommendations:-
"FINDINGS:
Having investigated the matter and having given full and
careful consideration to the points made by both parties I
have come to the following conclusions:-
(1) I am satisfied that the retention of this demarcation at
Broadstone Garage is unique to Broadstone only.
(2) I am also satisfied that good sense and a positive
attitude towards necessary efficiency would dictate that
this demarcation should be abandoned.
(3) I am persuaded that the retention of this demarcation is
in conflict with the spirit and letter of previous
productivity agreements concluded between Management and
the Trade Unions.
(4) I do not see any threat arising to jobs or earnings
should this demarcation be abandoned.
RECOMMENDATION:
In the light of the above I recommend that Wheel Changing
Duties at Broadstone are the work of both Engineering
Operatives and Mechanics and should be carried out by either
group in the Road Passenger Section of Broadstone as
instructed by their Supervisors."
The Rights Commissioner's recommendation was rejected by the
Unions who appealed it to the Labour Court on 19th January, 1990,
under Section 13(9) of the Industrial Relations Act, 1969. The
Labour Court heard the appeal on 16th February, 1990.
UNION'S ARGUMENTS:
3. 1. The Company has said that the practice of only engineers
changing the wheels of buses was bought out under the 1983
Productivity Agreement. This is disputed by the Unions. If
it had been bought out then why was it allowed to continue for
a further seven years. Mechanics have never done this work
and the Company are now attempting to change custom and
practice for efficiency reasons. If the Company wishes to get
a new productivity agreement the mechanics will have to be
compensated.
2. Over the last number of years there has been a decrease in
the number of engineers employed and a decrease in the numbers
working shift. The engineers fear that if mechanics take over
duties that have traditionally been carried out by engineers,
then there may well be a further reduction in the number of
engineering operatives. The engineers are already at risk
through the Company's decision to use outside contractors to
change wheels of buses in the Road Freight Section.
COMPANY'S ARGUMENTS:
4. 1. In all other garages and indeed in all other sections of
the Broadstone Garage, both engineers and mechanics change
wheels as instructed by their supervisors. The Company
believes that the change requested is not unreasonable.
Demarcation of this type does not help the Company in its
efforts against its competitors, the private operators. The
Company is in a serious financial situation and its policy of
providing a viable service and protecting jobs is being
threatened by such demarcation practices.
2. Every effort has been made by the Company to have this
practice amended. However, these have proved fruitless. The
current practice is both costly and cumbersome and must be
discontinued.
DECISION:
5. The Court finds no grounds to alter the recommendation of the
Rights Commissioner.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
__________________________
30th April, 1990. Deputy Chairman
B.O'N./J.C.