Labour Court Database __________________________________________________________________________________ File Number: CD9075 Case Number: LCR12784 Section / Act: S67 Parties: DUBLIN BUS - and - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION;NATIONAL BUSWORKERS' UNION |
Claim for the payment of a 20% O.P.O. allowance for driving local link buses.
Recommendation:
8. Having considered the submissions from the parties and noting
the developments which have taken place since the original
agreement for Local Link Services the Court is satisfied that the
terms of the National Agreement should apply to the drivers of the
Local Link Buses. The Court accordingly recommends concession of
the Unions' claim for the payment of 20% bonus. Noting the
Company's submission with regard to the financial position the
Court recommends implementation from 1st March, 1990.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD9075 RECOMMENDATION NO. LCR12784
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN BUS
AND
SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION
NATIONAL BUSWORKERS' UNION
SUBJECT:
1. Claim for the payment of a 20% O.P.O. allowance for driving
local link buses.
BACKGROUND:
2. In January, 1987 the Company notified the Unions that it
intended to introduce a local link service through the use of mini
buses (seating capacity of 23) in the Tallaght area. The Company
informed the Unions that this was a new venture outside of core
business and that it would have to be approached on a different
basis if it was to meet customer requirement and be viable. The
Company proposed to pay a flat rate of #3 per hour for the
operators of the service and to recruit drivers from existing
staff or from suitably qualified people in the Tallaght area.
3. There were numerous meetings between the Company and the
Unions following which it was agreed that the drivers of the new
service would be paid #132.15 a week plus 10% O.P.O. bonus. The
service came on stream on the 14th December, 1987.
4. Since that time more new services have been introduced and
there are now approximately 30 mini buses in service with
increased seating capacity of 29. On 19th September, 1989 and
17th November, 1989 the Unions lodged a claim with the Company for
the O.P.O. bonus to be increased from 10% to 20%. The Company
rejected the claim. The matter was referred to the conciliation
service of the Labour Court on the 1st November, 1989. A
conciliation conference was held on 11th January, 1990. As no
agreement was reached the parties consented to a referral to the
Labour Court for investigation and recommendation. A Court
hearing was held on 22nd February, 1990.
N.B.U.'S ARGUMENTS:
5. 1. There is a National Agreement in existence dealing with
bonus rates and the capacity of vehicles. According to this
agreement the workers here concerned should be in receipt of
the 20% O.P.O. bonus (details supplied to the Court).
2. The fact that the Company is proposing to extend the
services and get more of these type of buses demonstrates how
successful the service is. The Company also proposes to
operate them on a shift basis and pay shift allowance in
accordance with existing Agreement.
3. The Agreement on bonus payments has been in existence
since 1963. The Union is seeking to have the Agreement
applied because if a similar bus was in operation by Bus
Eireann the 20% bonus would be paid.
S.I.P.T.U.'S ARGUMENTS:
6. 1. The original 10% bonus was claimed and conceded in line
with the National Agreement. Therefore as the vehicle
capacity has been increased; the bonus should also be
increased to 20%.
2. These services are operated by some very senior staff and
also by spare staff in relevant depots. They are entitled to
the full benefits of the Agreement.
3. These services have obviously proved successful as the
Company plan to expand them and in some cases replace large
capacity buses with 29 seater mini-buses. The payment of 10%
is farcical when one considers that the mini-bus has 29 seats
and the large capacity single deck has 35 seats and attracts a
bonus payment of 33,1/3%.
COMPANY'S ARGUMENTS:
7. 1. The negotiations for the operation of this new service
took almost twelve months to complete and the Trade Unions
were fully aware that these services would have to be operated
on an economic basis. In this regard it was reiterated on a
number of occasions throughout the negotiations that some of
the conditions of employment would be different and outside
the National Agreement.
2. The Company considers that this claim is cost increasing
and therefore prohibited under the Programme for National
Recovery.
3. Concession of the claim could seriously affect the
Company's plans to expand these services to other locations as
well as those already in operation.
7. 4. The Court is well aware of the Company's financial
position and the Government Policy is such that the Company
must reduce its dependency on the subvention by 3.5% in real
terms each year until 1992.
RECOMMENDATION:
8. Having considered the submissions from the parties and noting
the developments which have taken place since the original
agreement for Local Link Services the Court is satisfied that the
terms of the National Agreement should apply to the drivers of the
Local Link Buses. The Court accordingly recommends concession of
the Unions' claim for the payment of 20% bonus. Noting the
Company's submission with regard to the financial position the
Court recommends implementation from 1st March, 1990.
~
Signed on behalf of the Labour Court,
Evelyn Owens
__18th,___April,__1990. ___________________
M. D. / M. F. Deputy Chairman