Labour Court Database __________________________________________________________________________________ File Number: CD92105 Case Number: LCR13619 Section / Act: S26(1) Parties: BUS EIREANN - and - NATIONAL BUS AND RAIL UNION |
Claim by the Union on behalf of one driver in the Ballina Depot for the introduction of a 5 day week.
Recommendation:
1. The Court in considering the views expressed by the parties
in their oral and written submissions notes the parties are in
discussion nationally with a view to introducing the 5 day week
and conforming to E.C. Regulations.
The Court does not consider it should in any way prejudice those
negotiations. Accordingly pending the outcome of the
negotiations and without prejudice to the discussions taking
place the Court recommends that the driver concerned in this
dispute should be facilitated as an interim measure to avail of
a five-day week, the Company agreeing to cover being provided by
other drivers at the Depot. This arrangement to cease when
agreement has been reached nationally.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92105 RECOMMENDATION NO. LCR13619
INDUSTRIAL RELATIONS ACT 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BUS EIREANN
and
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Claim by the Union on behalf of one driver in the Ballina
Depot for the introduction of a 5 day week.
BACKGROUND:
2. The driver concerned is attached to the Ballina Depot and
is based in Blacksod. He operates a service from Blacksod to
Ballina on six days per week (Monday to Saturday). The driver
has requested that he be allowed change to a five day week. The
change would entail a reduction in earnings for the driver (£30
per week). The Company has agreed to facilitate the driver on
the basis that a part-time driver operates the service on
Saturdays. The Union is totally against the use of part-time
drivers and is not prepared to enter any such agreement. As no
agreement could be reached locally, the matter was referred to
the Labour Relations Commission on 31st May, 1991. No agreement
was reached at a conciliation conference held on 18th December,
1991 and the Commission in accordance with Section 26(1) of the
Industrial Relations Act, 1990, referred the matter, on 12th
February, 1992, to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 28th
February, 1992.
UNION'S ARGUMENTS:
3. 1. The Union has proposed that the relief for the extra
day could be carried out by the spare staff in the Ballina
Depot. This would not be costly as there is spare capacity
in the Depot on Saturdays. The spare staff in the Depot
are prepared to co-operate with this. This means that they
would be doing the work on the board instead of being spare
in the Depot.
2. A five day week will eventually have to be introduced
for all provincial staff so as to conform with European
Community Regulations. By law, drivers must have a
forty-five hour continuous break each week. Many of the
current boards, including this driver's board, fall short
of this. The Company is aware of this. National
negotiations are currently taking place with a view to
conforming with the E.C. Regulations.
3. The Company is well aware of the Union's views on
part-time staff. The Union sees no need for it. In all
areas where five day weeks are operating there has been no
need to introduce 'part-timers'. It is also possible to
have both five and six day weeks operating in the one area,
e.g. in Limerick provincial service both operate side by
side. The Union believes that its proposals should be
accepted by the Company in order to facilitate the driver
concerned.
COMPANY'S ARGUMENTS:
4. 1. The Union's refusal to accept the use of a part-time
driver leaves the Company with few options. The Company
could provide relief from Ballina Depot, however, this
option is extremely costly as the relief driver would have
to travel out to the "outbased" location on day one,
relieve the regular driver on day two and travel back to
the Depot on day three. This option must be viewed in the
context of there being over 150 "outbased" drivers in the
country.
2. A second option would be to provide the relief driver
with transport to the "outbased" location when relief is
required and back to the Depot on completion of duty. This
option creates additional costs and it would not be
practical to commit a bus/van for this purpose on a regular
basis.
3. The only other option the Company has is to withdraw
the service on one day a week. This would result in a
substantial loss of revenue and would leave the route open
to private operators. In these circumstances the use of a
part-time driver is the most appropriate solution,
especially in view of the Company's serious financial and
competitive position.
4. It is normal practice to employ seasonal drivers for
relief work during peak annual leave periods etc. The
proposal to use a part-time driver for relief purposes in
the implementation of an five day week for a regular driver
is merely an extension in the use of part-time staff.
RECOMMENDATION:
1. The Court in considering the views expressed by the parties
in their oral and written submissions notes the parties are in
discussion nationally with a view to introducing the 5 day week
and conforming to E.C. Regulations.
The Court does not consider it should in any way prejudice those
negotiations. Accordingly pending the outcome of the
negotiations and without prejudice to the discussions taking
place the Court recommends that the driver concerned in this
dispute should be facilitated as an interim measure to avail of
a five-day week, the Company agreeing to cover being provided by
other drivers at the Depot. This arrangement to cease when
agreement has been reached nationally.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
7th April, 1992
B.O.N./N.Ni.M. Deputy Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr. Brian O'Neill, Court Secretary.