Labour Court Database __________________________________________________________________________________ File Number: CD9084 Case Number: LCR12856 Section / Act: S67 Parties: TOWN OF MONAGHAN CO-OPERATIVE AGRICULTURAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the use of a truck by one driver between his home and the Co-Operative.
Recommendation:
5. Having considered the submissions made by the parties the
Court recommends, to effect the economies related to travel to and
from the routes, that the driver involved agree to change routes
but that the Co-operative in turn undertake that, in the event of
the privatisation of the transport, the driver then be given first
option on the original route.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD9084 RECOMMENDATION NO. LCR12856
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: TOWN OF MONAGHAN CO-OPERATIVE AGRICULTURAL
AND DAIRY SOCIETY LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the use of a truck by one driver between
his home and the Co-Operative.
BACKGROUND:
2. The Society employs nine bulk milk tanker drivers. All except
the worker concerned are allowed to take their trucks home for the
purpose of making an early start to their collections. Until 1987
the worker concerned was also allowed to take his truck home. In
that year this arrangement was terminated by the Society because
it wished to eliminate waste mileage. The worker concerned was
given the choice of exchanging his route for another route located
nearer to his home. The worker refused this offer. The Society
claimed that all the other drivers live near their routes, and if
the worker had accepted its offer he also could take his truck
home. The Union claims that the worker should be allowed to
retain his present route and take his truck home. Local
discussions failed to resolve the issue and the dispute was
referred to the conciliation service of the Labour Court on the
16th October, 1989. A conciliation conference was held on the 7th
November, 1989 but no agreement was reached. The matter was
referred to the Labour Court on the 30th January, 1990. A Court
hearing was held in Cavan on the 6th March, 1990.
UNION'S ARGUMENTS:
3. 1. The worker concerned has been employed by the Company for
eleven years. Three years ago the Society proposed that he
should purchase his truck and become an owner driver. When he
refused to consider this proposal the Society tried to force
him to exchange his collection route for another route located
nearer to home. He refused and the Society responded by
withdrawing the facility of using the truck which he had
enjoyed for the previous eight years.
2. The Union considers that the worker concerned is being
unfairly treated in comparison to this fellow workers in the
bulk tanker group. There is no justification for this
treatment and it can only be assumed that there is some form
of vendetta against him by Management. His route is probably
the most economic of the eight routes in terms of gallons
collected per mile. He collects 1.3 million gallons per annum
and drives 13,000 miles on his route. If he is again given
use of the truck for the limited personal use between home and
base he would clock up another 8,000 miles per annum. He
would then have an annual mileage of 21,000 which would be
2,350 miles below the average mileage for the rest of the
group (details supplied to the Court).
3. The Society's argument to the effect that the worker
collects milk in an area away from his home and is recording
unnecessary mileage is not a valid argument. He would not
clock up any more personal miles than the average for the rest
of the group with his first collection point only seven miles
from his home. Other drivers have up to fourteen miles to
travel to their nearest collection point.
4. The Society should restore the use of the truck between
home and base to the driver concerned and award him
appropriate compensation for out of pocket expenses suffered
by him over the past three years as a direct result of his
unfair treatment by the Society.
SOCIETY'S ARGUMENTS:
4. 1. In 1988-89 the Society re-organised and rationalised its
milk collection services. The purpose of this exercise was to
streamline collections and to eliminate waste mileage. The
routes were re-organised and drivers were moved to areas close
to their places of residence. All agreed to the changes
except the driver concerned.
2. The worker concerned lives approximately 13 miles south of
the Society's premises outside Monaghan town. His first milk
collection is made about two miles north of base. Accordingly
if he were allowed to bring the lorry home it would involve a
totally wasted journey of twenty eight miles per day.
Management maintains that this journey is not and should not
be the Society's responsibility. The Society has offered the
worker concerned the choice of collecting milk in the Ballybay
area. In that situation he could bring the truck home with
him in the evening. He has declined this offer.
3. The bringing home of the trucks by drivers is an
arrangement which is mutually favourable to both drivers and
the Society. Both are saved wasted time and energy travelling
unnecessary mileage. The driver in this case however has
chosen of his free will to retain waste mileage in his daily
working routine. The Society should not be required to bear
the cost of such waste. It is not normal practice for an
employer to bear the cost of transporting a worker to and from
his place of work.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court recommends, to effect the economies related to travel to and
from the routes, that the driver involved agree to change routes
but that the Co-operative in turn undertake that, in the event of
the privatisation of the transport, the driver then be given first
option on the original route.
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Signed on behalf of the Labour Court
John O'Connell
_______________________
3rd April, 1990. Deputy Chairman
T.O'D./J.C.