Labour Court Database __________________________________________________________________________________ File Number: CD9252 Case Number: LCR13599 Section / Act: S26(1) Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the introduction of a 39 hour week at the Broadstone Garage.
Recommendation:
5. The Court recommends that the question of the "concession tea
break" be left aside to be dealt with as a separate issue and that
the parties proceed to discuss the implementation of the 39 hour
week in such a fashion as to reduce the impact of the change on
the Company's costs and service to a minimum.
Division: Mr O'Connell Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9252 RECOMMENDATION NO. LCR13599
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BUS EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the introduction of a 39 hour week at the
Broadstone Garage.
BACKGROUND:
2. Labour Court Recommendation 13414 which was issued on the 27th
September, 1991, dealt with the introduction of a 39 hour week
throughout the Company. The recommendation stated that in
sections where the parties were unable to reach agreement on the
method of implementation the issue would be the subject of a
further supplementary recommendation. The Company and the Union
have held numerous meetings on the question of implementing the
one hour reduction in the Broadstone Garage. The Company's
proposal to implement the 39 hour week is contingent on the
workers concerned (engineering operatives), foregoing a 15 minute
concessionary tea break which has operated for many years. The
Union has rejected Management's proposal. The issue was referred
to the Labour Court by the Union on the 9th December, 1991. The
Court investigated the dispute on the 4th March, 1992.
UNION'S ARGUMENTS:
3. 1. The Company's proposal to eliminate the 15 minute
tea-break is not acceptable to the Union. This break has
operated at the Broadstone depot for a considerable number of
years and cannot be included in negotiations on the reduction
of one hour. The reduction has been implemented by the
Company in other garages without workers having to make this
type of concession. In previous discussions the Union
submitted proposals to Management for the implementation of a
39 hour week at Broadstone which would not affect the 15
minute tea break and would not be of a cost increasing nature
to the Company. The Union rejects the Company's statement
that the tea break affects the efficiency of the transport
operation at Broadstone. If a worker, who is taking his tea
break, receives an instruction from Management to prepare a
bus for operation, the worker does so immediately and then
resumes his tea break. In fact situations such as this rarely
arise and there have been no complaints from Management in
this area. The Union is quite prepared to have discussions on
the means of implementing a 39 hour week but is not prepared
to have the 15 minute break included in these discussions.
COMPANY'S ARGUMENTS:
4. 1. The Company's proposals (details supplied to the Court)
provide for the reduction of one hour in two half-hour stages
each week. Friday is excluded because of the high volume of
passengers carried on that day. In return for the one hour's
reduction the Company has insisted on two concessions. The
first is the elimination of the 15 minute tea break. The
workers concerned commence their shift at 1500 hours and avail
of the concessionary tea break at 15.45 hours. The proposed
rosters would mean that the workers commence work at 15.30 on
two days each week. The elimination of this facility would
bring the workers concerned into line with their counterparts
in the Company's other garages. It should be noted that the
15 minute tea-break in question is not a condition of
employment, merely a practice that started some years ago.
2. The second concession being sought by the Company concerns
a group of three engineering operatives who mainly perform
fuel issuing and pick-up duties on a two cycle shift. The
Company proposes to alter the starting time of the early shift
from 07.00 hours to 08.00 hours with a finishing time of 16.00
hours instead of 15.00 hours as at present, allowing for a
period of overlap between the finishing time of the early
shift and the starting time of the late shift.
3. The service provided by the Company does not allow for the
hour off to be taken on any one day, except in exceptional
circumstances. The day workers in the garage have
conditionally accepted the two half hours, provided that the
Company withdraws its requirement for the two concessions
mentioned.
4. The financial implications attached to the implementation
of a 39 hour week in Bus Eireann are already a significant
burden on the Company's serious financial situation. It is
imperative, that with its implementation, the 39 hour week
does not, in so far as is possible, have any adverse effect on
current garage output levels. This was recognised by the
Court in L.C.R. 13414.
RECOMMENDATION:
5. The Court recommends that the question of the "concession tea
break" be left aside to be dealt with as a separate issue and that
the parties proceed to discuss the implementation of the 39 hour
week in such a fashion as to reduce the impact of the change on
the Company's costs and service to a minimum.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
20th March, 1992. Deputy Chairman
T.O'D./J.C.