Labour Court Database __________________________________________________________________________________ File Number: CD90181 Case Number: LCR12883 Section / Act: S67 Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;NATIONAL BUSWORKERS' UNION |
Claim by the Unions on behalf of approximately 20 drivers concerning a proposed change of time-tables on (a) the Dublin-Galway route and (b) the Galway-Derry route.
Recommendation:
7. The Court, having considered the submissions of the parties,
takes the view that subject to reasonable consultation it is the
prerogative of the management to arrange rosters in the most
cost-effective and efficient manner.
Accordingly, in respect of the Dublin/Galway service, the Court
recommends the service as proposed by the Company be worked. The
Court, noting the views expressed by the staff, further recommends
that the operation of the service be monitored and the situation
reviewed after a period of 6 months.
In respect of the Galway/Derry service, while acknowledging the
Company's prerogative in respect of rosters, the Court has
reservations regarding the proposals of the Company for the
operation of this service and recommends the parties reappraise
the proposed roster with a view to seeing if the service can be
provided in a way that will meet the needs of the staff and will
be efficient and cost-effective - this appraisal to be completed
within two weeks. If at the end of this period such a roster
cannot be agreed, the Court will make a recommendation.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD90181 RECOMMENDATION NO. LCR12883
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BUS EIREANN
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL BUSWORKERS' UNION
SUBJECT:
1. Claim by the Unions on behalf of approximately 20 drivers
concerning a proposed change of time-tables on (a) the
Dublin-Galway route and (b) the Galway-Derry route.
BACKGROUND:
2. (a) Dublin-Galway Route.
The present roster for this route entails the driver
commencing duty at 6.30 a.m. at Dun Laoghaire Ferry Port where
he collects passengers travelling from London to Galway. The
driver then travels to Busaras in Dublin, where further
passengers are picked up. The bus departs Busaras at 7.45
a.m. and drives direct to Kinnegad, where there is a break of
30 minutes, following which the bus proceeds to Galway. The
Company proposes that the present arrangement be changed
whereby the bus would depart Busaras at 8.30 a.m. with no
comfort stop in Kinnegad, arriving in Galway at 12.15 p.m. as
opposed to 12 noon as at present. The comfort stop would be
taken at Busaras before departing Dublin. There is no change
in the Galway-Dublin section of the route. The Unions have
rejected the route changes saying that the present arrangement
is the most suitable for both the drivers and the passengers.
(b) Galway-Derry Route.
At present the Company operates a morning and an evening run
from Galway-Derry and Derry-Galway. The services cross over
in Sligo with a 30 minute stop in Sligo. The drivers, who are
based in Galway and Derry, changeover buses. The Company
proposes putting on an extra service and basing two drivers in
Sligo. This will eliminate the 30 minute stopover for
passengers in Sligo. It will also mean that the Galway and
Derry based drivers will be idle for long periods in Sligo.
(Approximately 3 hour 20 minutes on the early shift and 4
hours 20 minutes on the afternoon shift). The drivers are
opposed to the change.
3. Local agreement could not be reached on the two issues and on
5th March, 1990, they were referred to the conciliation service of
the Labour Court. No agreement was reached at conciliation
conferences held on 16th March, 1990, and on 19th March, 1990, the
issues were referred to the Labour Court for investigation and
recommendation. The Court investigated the disputes on 2nd May,
1990.
UNIONS' ARGUMENTS:
Dublin-Galway route.
4. 1. The Unions believe that the present arrangement, whereby a
comfort stop is made in Kinnegad, is the most suitable both
for drivers and passengers. The catering facilities in and
around Busaras are of a very poor standard or non-existent
before 8.30 a.m. They do not compare with the superior
service offered in Kinnegad where a rapid breakfast service is
available.
2. There is also a very real problem in finding suitable
parking space, other than for short periods, in Busaras where
drivers are under constant pressure not to take up valuable
parking space. Parking at Busaras could also pose a security
problem with regard to passengers belongings.
3. No other bus persons are required to take their break as
early as 7.45 to 8.15 a.m. This is much too early and may
lead to the driver losing his meal allowance.
Galway-Derry Route.
4. 4. The Unions welcome the introduction of an additional
service on the route but are opposed to the Company's method
of introducing the added service. The new service will result
in breaks of up to 4 hours 20 minutes. Breaks of this length
will result in boredom and mental fatigue. The drivers will
have to find suitable resting facilities for the duration of
the stopover. As the Company do not provide facilities to an
acceptable standard the drivers will have to use cafes and
public houses.
5. Regular drivers have been marked in on this route for a
considerable period. One of the main reasons for applying for
duty on the route was that the schedules were socially
acceptable. The Company's proposals will make the operation
of the route totally unsociable.
6. The Company could simply have put on an extra service from
Galway and Derry respectively. This would have been less
costly because by extending the breaks in Sligo, the Company
will have to pay waiting time and in some cases spreadover.
4. 7. The only reason put forward by the Company for the drastic
change in rosters is that the current 45 minute stopover in
Sligo causes hardship to the passengers. The Unions believe
that having travelled from Derry to Sligo the passengers
expect a break for either toilet facilities or some
refreshments. Forty-five minutes is not excessive in these
circumstances. It is standard practice on all long distance
journeys to have a comfort stop.
COMPANY'S ARGUMENTS:
Dublin-Galway Route.
5. 1. The present 7.45 a.m. service caters for both incoming
cross channel passengers and internal passengers. The half
hour comfort stop in Kinnegad was designed to provide a
breakfast facility for the cross-channel passengers.
2. It has become evident to the Company from internal
passenger requirements that both the early departure and the
stop-over were reducing the attractiveness of the service.
Furthermore, if the ferry was delayed for any reason the 7.45
a.m. departure time was not adhered to and internal passengers
were further delayed by the stop-over in Kinnegad.
3. The Company's proposal will allow the cross channel
passengers have breakfast in or around Busaras where
facilities have been upgraded and let the bus service depart
at 8.30 a.m. and drive straight through to Galway. This is
essential to cater for customer demands and is needed if the
Company is to retain and expand this service. It is expected
that these proposals will generate additional internal
passengers. The changes will not affect the earnings or
expenses of the drivers on this route.
Galway-Derry Route.
5. 4. For many years the Company has operated 2 weekday services
in each direction between Galway and Derry, using 2
Galway-based and 2 Derry-based drivers. The drivers exchange
buses in Sligo. Due to legislation on driving hours, the
drivers must receive a minimum 45 minute break in Sligo. This
has been a cause of great complaint over the years from
passengers. A private bus operator is also operating on this
route and is in fact giving a much quicker service.
5. The Company, in an effort to improve the viability of the
service, is proposing to introduce a third mid-day service on
the route. This will involve the creation of 2 new posts in
Sligo. The existence of these posts will enable the Company
to reduce the stop-over period in Sligo. The total journey
time will be reduced by 25 minutes.
5. 6. The existing drivers stand to gain substantially in
earnings and 2 new driver posts will be created. In line with
custom and practice the existing drivers have the choice of
opting off the service and reverting to their respective spare
panels in accordance with their seniority or remaining on the
route.
COMPANY'S GENERAL ARGUMENTS:
6. 1. Alterations to the service, such as those proposed, are
part and parcel of bus working and are required by the nature
of the job. The Company must be able to make alterations to
meet customer requirements and counter competition.
2. The Company is in a serious financial situation and has an
accumulated deficit of over #9 million. In addition to this,
the projected results for 1990 indicate further losses. The
Company is in a very competitive business and in order to
protect employment and continue to provide an improved,
efficient and cost effective service it must react quickly to
changes in the marketplace and customer demands.
RECOMMENDATION:
7. The Court, having considered the submissions of the parties,
takes the view that subject to reasonable consultation it is the
prerogative of the management to arrange rosters in the most
cost-effective and efficient manner.
Accordingly, in respect of the Dublin/Galway service, the Court
recommends the service as proposed by the Company be worked. The
Court, noting the views expressed by the staff, further recommends
that the operation of the service be monitored and the situation
reviewed after a period of 6 months.