Labour Court Database __________________________________________________________________________________ File Number: CD91264 Case Number: LCR13293 Section / Act: S26(1) Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION/;NATIONAL BUS AND RAIL WORKERS UNION |
Dispute concerning the use of private operators.
Recommendation:
3. 1. It is clear to the Court from the submissions made that
if the Company policy "that every customer who turns up
gets the required service without a "pre booking"" is
to be successful, then there will be significant
fluctuations which will result in situations where the
Company will not be able to meet their requirements
totally from their own resources.
2. The Court recognises it would be uneconomic to retain a
fleet of buses to meet the peak fluctuations of
traffic.
Equally the Court recognises the views of the staff
that they see the introduction of hire buses with
drivers as a threat to their long term future, to their
earnings and to the earnings of their colleagues in
their sister Company, Dublin Bus.
3. If the Company are to achieve their policy goals, serve
the needs of the customer and have the wholehearted
co-operation of the staff the views expressed on behalf
of the drivers will have to be addressed.
4. It is the view of the Court that any extra requirements
which may arise should initially be catered for by the
use of company buses and drivers. In this respect the
Company should also avail of Dublin Bus personnel to
the extent available.
5. Where additional buses are required these in the first
instance should be buses manned by drivers from Bus
Eireann and Dublin Bus.
6. In the event only that buses cannot be hired and
staff as outlined in 2 above as a consequence cannot be
used then compensation should be paid to such drivers
as are displaced as a consequence of the hire of a bus
and driver.
7. It is the view of the Court that private buses with
drivers should only be hired when the resources of the
Company are unable to meet the needs of the customers.
8. In the long term interests of the Company and the staff
the issue of Bus Hire in total should be discussed.
The aim of the discussions should be the provision of a
service to meet the needs of the customer in so far as
possible using the resources of the Company and at a
cost tailored to meet the requirements of the market.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD91264 RECOMMENDATION NO. LCR13293
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26 INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BUS EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION/
NATIONAL BUS AND RAIL WORKERS UNION
SUBJECT:
1. Dispute concerning the use of private operators.
BACKGROUND:
2. 1. The Company commenced using private operators on 18th
January, 1991. These operators are used principally at weekends
when demand for provincial services is at its highest. The
private operators are used to augment the Company's own fleet in
meeting peak traffic requirements. Demand for the Company's
services has grown by 57% since 1987.
2. The National Bus and Rail Workers Union served strike notice
in protest to commence on 15th March, 1991. A local meeting
between the Company and the 2 Unions took place on 14th March,
1991. Proposals emerged which resulted in NBRU not proceeding
with its threatened strike. The proposals provided that the
Company would use contractors only when its own resources were
fully utilised and provided for specific arrangements with regard
to worker concerns relating to potential loss of earnings. The
proposals were subsequently rejected by the memberships of both
Unions and the NBRU strike notice remained in place. Services
Industrial Professional Technical Union served notice of full
strike action which would commence on 17th May, 1991.
3. The dispute was referred to the Labour Relations Commission on
13th May, 1991 and Conciliation Conferences were held on 14th and
17th May, 1991. It was not possible to resolve the dispute
through conciliation and both sides requested an early Labour
Court investigation. SIPTU agreed to postpone its strike for a
week and the NBRU agreed not to strike on 17th May, 1991. A
Labour Court investigation took place on 20th May, 1991.
UNION'S ARGUMENTS:
3. 1. The use of private operators by the Company is
unnecessary and avoidable. The Unions see this activity by
the Company as an extension of the high levels of contracting
out of service in the Company's other categories of business
(tours and private hire). There are sufficient drivers
available for all bus services. In additioni spare drivers
are available from Dublin Bus. The use of private drivers
results in a loss of income for union members.
2. The solution is to acquire more buses or hire in buses
without drivers. This is being done in other depots around
the country.
COMPANY'S ARGUMENTS:
4. 1. There has been an increase in expressway carrying of 57%
since 1987. Bus Services lead to significant fluctuations in
demand. As a result there are occasions when the Company
cannot meet total requirements from its own resources. On
such occasions, it is necessary to contract out excess
business. This contracting out does not affect the conditions
or earnings of staff. In keeping with good commercial
criteria, the Company's fleet is primarily tailored to meet
normal requirements. The Company has a "free sale" marketing
strategy which means that every customer who turns up gets the
required service without "pre-booking". Customer travel is
not evenly spread over the week and weekend business can vary
by as much as 20% (details supplied). The subcontracting is a
vital safety net to ensure customer satisfaction. This is a common occurren
industry generally (details supplied).
2. The Company had accumulated a deficit of #10m by the end
of 1989 and further losses were incurred during 1990. Further
Government legislation on the transport industry is expected
to place at risk the services normally provided by the
Company. Over the past 3 years 63 modern coaches have been
purchased and a further 20 new coaches have come into service
this year. In these circumstances it is not possible to
acquire further buses simply to meet peak demand. It is also
not possible for the Company to hire buses without drivers for
short terms such as weekends.
RECOMMENDATION:
3. 1. It is clear to the Court from the submissions made that
if the Company policy "that every customer who turns up
gets the required service without a "pre booking"" is
to be successful, then there will be significant
fluctuations which will result in situations where the
Company will not be able to meet their requirements
totally from their own resources.
2. The Court recognises it would be uneconomic to retain a
fleet of buses to meet the peak fluctuations of
traffic.
Equally the Court recognises the views of the staff
that they see the introduction of hire buses with
drivers as a threat to their long term future, to their
earnings and to the earnings of their colleagues in
their sister Company, Dublin Bus.
3. If the Company are to achieve their policy goals, serve
the needs of the customer and have the wholehearted
co-operation of the staff the views expressed on behalf
of the drivers will have to be addressed.
4. It is the view of the Court that any extra requirements
which may arise should initially be catered for by the
use of company buses and drivers. In this respect the
Company should also avail of Dublin Bus personnel to
the extent available.
5. Where additional buses are required these in the first
instance should be buses manned by drivers from Bus
Eireann and Dublin Bus.
6. In the event only that buses cannot be hired and
staff as outlined in 2 above as a consequence cannot be
used then compensation should be paid to such drivers
as are displaced as a consequence of the hire of a bus
and driver.
7. It is the view of the Court that private buses with
drivers should only be hired when the resources of the
Company are unable to meet the needs of the customers.
8. In the long term interests of the Company and the staff
the issue of Bus Hire in total should be discussed.
The aim of the discussions should be the provision of a
service to meet the needs of the customer in so far as
possible using the resources of the Company and at a
cost tailored to meet the requirements of the market.
~
Signed on behalf of the Labour Court
Tom McGrath
28th June, 1991 ------------
J.F./U.S. Deputy Chairman