Labour Court Database __________________________________________________________________________________ File Number: CD9044 Case Number: LCR12804 Section / Act: S67 Parties: IRISH RAIL - and - RAIL OPERATIVE TRADE UNION GROUP |
Claim by the Union Group on behalf of 3 signalmen for loss of earnings.
Recommendation:
5. The Court, having carefully considered the submissions of the
parties, finds no grounds for concession of the Union's claim.
Division: MrMcGrath Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD9044 RECOMMENDATION NO. LCR12804
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH RAIL
and
RAIL OPERATIVE TRADE UNION GROUP
SUBJECT:
1. Claim by the Union Group on behalf of 3 signalmen for loss of
earnings.
BACKGROUND:
2. The signalmen concerned work a six day week and have a
commitment to work on Sundays, if required. As Christmas Day,
1988, fell on a Sunday, the public holidays were Monday and
Tuesday, 26th and 27th December, 1988. The 25th December, 1988,
was treated as a normal Sunday. The Company did not require the
services of the 3 signalmen concerned on any of the three days, as
all trains were cancelled on 25th and 26th December, while only a
Sunday passenger service was operating on 27th December, 1988.
(The service being operated on 27th December, 1988, did not affect
the signalmen concerned whose duties related to freight traffic).
The signalmen argue that their liability to provide cover should
entitle them to full payment at Christmas, regardless of whether
or not the Company is operating services over the period. On 17th
April, 1989, the dispute was referred to the conciliation service
of the Labour Court. No agreement was reached at a conciliation
conference held on 6th June, 1989, and on 11th January, 1990, the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 16th
February, 1990.
UNION'S ARGUMENTS:
3. 1. The Company, during the 1988 Christmas period, suspended
the rostered working without the agreement of the Union Group.
The Unions requested a meeting to discuss the issue, however,
this was declined by the Company who went ahead with
arrangements for the Christmas period whilst the signalmen
objected and suffered a loss in their earnings. The signalmen
concerned always attended on Sundays and Bank Holidays whether
trains were running or not and got paid accordingly.
2. The Company failed to negotiate on the proposals prior to
the roster change and failed to adequately notify the Unions
of their intention to suspend established work rosters. The
Company had obviously decided to take unilateral action on the
matter which is totally unacceptable to the Union.
3. The signalmen concerned provide seven day cover throughout
the year. As a result, they have a level of earnings
expectancy. The Company's action has resulted in the
signalmen suffering a loss of earnings for the relevant days.
They should be paid two days pay for Sunday, 25th December,
1988, and a day's pay plus double time for hours worked plus
shift premium for Monday, 26th and Tuesday 27th December,
1988.
COMPANY'S ARGUMENTS:
4. 1. Sunday is a rest day for all rail traffic employees in the
Company and accordingly, no payment was made to staff who were
booked off duty on Sunday 25th December, 1988. The signalmen
concerned were booked off duty on the Public Holidays, 26th
and 27th December, 1988 and they received a day's pay plus
shift premium in respect of each of those days. They have
been treated in the same way as other workers who were not
required to work on the days in question.
2. Concession of the claim for loss of earnings in respect of
the signalmen concerned would very likely lead to repercussive
claims on behalf of a large number of staff who were not
required to work over the Christmas period, 1988 and be quoted
as a precedent in regard to Sundays, and Public Holidays in
the future. In such circumstances the Company would become
subject to substantial additional costs, which it cannot
sustain.
3. The signalmen concerned were treated in accordance with
the existing "conditions of employment." All workers were
made aware of Christmas working arrangements in good time
(14th December, 1988). It has always been accepted that rail
operative staff are not brought in on Sundays and Public
Holidays when there is no work for them, and no compensatory
payments are made, except where very short notice is given.
4. Trains did not run over the 1988 Christmas period,
therefore no revenue accrued to the Company. The Company
cannot be locked into an inflexible rostering situation which
would entail workers being brought in at premium rates on
Sundays and Public Holidays even though there is no work for
them to carry out.
RECOMMENDATION:
5. The Court, having carefully considered the submissions of the
parties, finds no grounds for concession of the Union's claim.
~
Signed on behalf of the Labour Court
Tom McGrath
__________________________
30th April, 1990. Deputy Chairman
B.O'N./J.C.