Labour Court Database __________________________________________________________________________________ File Number: CD91471 Case Number: LCR13426 Section / Act: S26(1) Parties: IRISH RAIL (PERMANENT WAY SECTION) - and - NATIONAL BUS AND RAIL UNION |
Claim by the Union that two temporary workers employed by the Carlow Division of the Permanent Way Section should be made permanent.
Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that the principle involved in this claim should
more correctly be dealt with in the context of centralised
negotiations. The Court notes that such talks are at present in
progress.
In the circumstances of the actual case before it the Court does
not recommend concession of the Union claim.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91471 RECOMMENDATION NO. LCR13426
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT 1990
PARTIES: IRISH RAIL (PERMANENT WAY SECTION)
AND
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Claim by the Union that two temporary workers employed by the
Carlow Division of the Permanent Way Section should be made
permanent.
BACKGROUND:
2. There is an establishment of 20 workers attached to the
Company's Carlow Division of the Permanent Way Section. The
Company recruits seasonal and temporary staff to supplement this
establishment when necessary. The appointment of temporary
workers to the regular staff is covered by a Company/Union
agreement which states:
"Appointment to the regular staff will be subject to the
employee having been satisfactory and to a regular vacancy
being available. Appointment will take place not later than
the completion of 12 months' continuous adult service and
will be subject to a satisfactory medical examination."
and
"A temporary employee filling a vacancy for a period in
excess of 12 months vice another employee on extended absence
- such as long term illness - will not be entitled to
appointment unless there is a regular vacancy in which he can
be placed."
The two workers concerned were recruited in a temporary capacity
at the Carlow Division and have the following employment records:-
Worker A: Employed on Let go on
5/5/88 26/4/89
4/5/89 28/2/90
19/4/90 3/4/91
18/4/91 - to date.
Worker B: Employed on Let go on
5/5/88 19/4/89
27/4/89 28/2/90
19/4/90 3/4/91
18/4/91 - to date.
The Union claims that the two workers have been employed by the
Company on a regular basis since 1988 and should now be appointed
to the permanent staff. The Company rejects the claim. No
agreement was reached at local level discussions and the matter
was referred on 12th June, 1991 to the Labour Relations
Commission. A conciliation conference was held on 7th August,
1991 at which no agreement was reached. On 5th September, 1991,
the Labour Relations Commission referred the dispute to the Labour
Court under Section 26(1)(a)(b) of the Industrial Relations Act,
1990. The Labour Court investigated the dispute on 25th
September, 1991.
UNION'S ARGUMENTS:
3. 1. The two workers concerned are in regular employment with
the Company in a temporary capacity for more than 3 years.
In that time breaks in their service were arranged by the
Company for the specific purpose of avoiding the necessity of
appointing them in accordance with the Company/Union
agreement. Other workers were employed specifically to fill
the vacancies created when the two workers concerned had
their service broken by the Company.
2. The employment of temporary and seasonal workers for
specific work is a feature of the Permanent Way operation.
The two workers concerned are not in this category as they
have had regular employment in the same job since 1988.
3. The need to employ the two workers on a regular basis
demonstrates that the establishment of 20 workers is
inadequate. The two workers are in practice filling regular
vacancies and should be appointed to the permanent staff.
COMPANY'S ARGUMENTS:
4. 1. The Carlow Division has a full establishment of 20
appointed staff. The two workers are not filling established
vacancies and are not entitled to be appointed to the regular
staff.
2. The Company/Union Agreement for the appointment of
temporary staff after 12 months continuous service clearly
specifies that a regular vacancy must be available to be
filled. There are no regular vacant posts to which the two
workers can be appointed. The appointment of the two workers
concerned to permanent positions would be in breach of the
Company/Union Agreement.
3. It is normal practice to employ temporary staff in the
Permanent Way Department for a fixed term or for the duration
of specified work. In common with other temporary staff the
employment of the two workers concerned will be terminated
when the work for which they were recruited is completed.
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
is of the view that the principle involved in this claim should
more correctly be dealt with in the context of centralised
negotiations. The Court notes that such talks are at present in
progress.
In the circumstances of the actual case before it the Court does
not recommend concession of the Union claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
____________________
4th October, 1991
A.S. / M.O'C. Deputy Chairman