Labour Court Database __________________________________________________________________________________ File Number: CD90703 Case Number: LCR13179 Section / Act: S67 Parties: CHEEVERSTOWN HOUSE - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Use of volunteer drivers in the evenings and at weekends.
Recommendation:
5. The Court has considered the submissions made by the parties.
The Court notes and sympathises with the concern of the full-time
serving staff about the possible impact on their job security by
an unrestricted use of volunteer workers. It also acknowledges
the concern of the Centre that it should be capable of fully using
its available resources for the benefit of its residents.
In order to reconcile the two points of view the Court recommends
(a) That the Centre gives an undertaking in writing that the
jobs of the present drivers will not be endangered by the
use of volunteers for driving during off-duty periods.
(b) Given this undertaking that the drivers rescind their
objection to the use of volunteers, and
(c) That, on any work during off duty periods where funds are
available with which to make an appropriate payment to
drivers, the full-time drivers be given first refusal of
such tasks.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD90703 RECOMMENDATION NO. LCR13179
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CHEEVERSTOWN HOUSE
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Use of volunteer drivers in the evenings and at weekends.
BACKGROUND:
2. Cheeverstown House is a residential and day-care centre for
the mentally handicapped. When it opened 7 buses were bought and
the Department of Health sanctioned the employment of 7 bus
drivers to provide a day transport service for the children and
adults who attend at the day-care units located on the complex.
The drivers work from 8.30 a.m. - 5.00 p.m., Monday to Friday. In
March, 1990 management advised the drivers that it wished to
transport residents (presently 60) to various activities in the
evenings and week-ends and that it intended to use volunteer
drivers as it was prevented by the Department of Health from
incurring any overtime liability. This proposal was unacceptable
to the Union which objected to volunteer drivers carrying out the
permanent drivers duties in the evenings and week-ends and was of
the opinion that this could affect the future employment prospects
of the drivers. A number of meetings took place at local level
and the Union put forward a proposal to the effect that for each
volunteer driver one of the permanent drivers should be brought in
and if only one bus was required that a permanent driver would be
used. This was unacceptable to management and on 9th July, 1990
the matter was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 21st August, 1990 at
which agreement could not be reached and on 26th November, 1990
the matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 28th
January, 1991.
UNION'S ARGUMENTS:
3. 1. The drivers strongly object to the proposed arrangement of
volunteer drivers carrying out driving duties in the evenings
and at week-ends. Management has sought to assure the Union
that the introduction of volunteer drivers would not in any
way affect the future employment of the permanent drivers.
However, the Union cannot accept this taking into account the
changing work practices throughout industry, offices and
institutions where part-time working has been introduced on a
wide-scale basis, therefore affecting the prospects of
continued full-time employment. In addition, six people on
F.A.S. Social Employment Schemes (SES) are currently employed
in the House carrying out work around the buildings and
grounds. Two of these are used to drive the buses to give
cover during holidays, etc and management pays these people
the difference between the SES rates of remuneration and the
permanent drivers rates of pay. In the circumstances, the
Union is of the opinion that the jobs and future prospects of
the permanent workers are at risk.
2. During the negotiations the Union never claimed overtime
payments nor has there been a great background of the drivers
receiving such remunerations. In the past it would appear
that on certain occasions described as "Club Nights/Outings,"
the drivers worked from 6 p.m. to 10 p.m. driving handicapped
people and each received #15. There have also been occasions
when the drivers worked evenings and week-ends without payment
and also brought trainees and children on holidays combining
both driving and minding. In the circumstances, the Union's
proposal that in cases where volunteer drivers are required to
work after normal working hours one of the permanent drivers
is also employed should be accepted.
MANAGEMENT'S ARGUMENTS:
4. 1. Cheeverstown is charged with the care, training and
general quality of life of its residents and day attenders.
Because of the present transport restraints the residents are
spending upwards of 90% of their time within the complex and
meet the same small group of people day in day out. The use
of public transport is not a feasible option as all of the
residents are moderately to profoundly mentally handicapped
and many suffer from additional physical disabilities.
Management cannot accept that the driving of the buses is the
sole preserve of the drivers and in order to make the best use
of scarce resources needs to be able to use volunteers at
evenings and weekends.
2. Management refutes in the strongest terms any suggestion
that the proposal to use volunteer drivers at the week-ends is
intended to undermine the position of the drivers. Management
would like to state that the drivers' performance of their
duties, their level of co-operation and their dedication is
beyond doubt. The use of volunteers is accepted throughout
the care services generally and they are used extensively in
other areas of activity at Cheeverstown. In all the
circumstances, the Court should find in favour of management.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties.
The Court notes and sympathises with the concern of the full-time
serving staff about the possible impact on their job security by
an unrestricted use of volunteer workers. It also acknowledges
the concern of the Centre that it should be capable of fully using
its available resources for the benefit of its residents.
In order to reconcile the two points of view the Court recommends
(a) That the Centre gives an undertaking in writing that the
jobs of the present drivers will not be endangered by the
use of volunteers for driving during off-duty periods.
(b) Given this undertaking that the drivers rescind their
objection to the use of volunteers, and
(c) That, on any work during off duty periods where funds are
available with which to make an appropriate payment to
drivers, the full-time drivers be given first refusal of
such tasks.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
7th February, 1991 Deputy Chairman.
U.M./J.C.