Labour Court Database __________________________________________________________________________________ File Number: CD92612 Case Number: LCR13852 Section / Act: S26(1) Parties: IRISH RAIL - and - I.C.T.U. GROUP OF UNIONS |
Compensation for change in shift roster.
Recommendation:
5. The Court has fully considered all of the views expressed by
the parties in their oral and written submissions.
The Court does not find grounds for the concession of the claim
and recommends the parties immediately implement the changes as
proposed.
The Court so recommends.
Division: MrMcGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92612 RECOMMENDATION NO. LCR13852
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH RAIL
and
I.C.T.U. GROUP OF UNIONS
SUBJECT:
1. Compensation for change in shift roster.
BACKGROUND:
2. The workers concerned, are involved in the maintenance and
repair of diesel locomotives at the Company's main locomotive
maintenance facility located in Inchicore works. In early 1992,
following a review of its maintenance requirements, the Company
proposed to reduce shift cover from a 4 shift roster to a 3 shift
roster. It was decided to eliminate the night shift. There will
be no enforced redundancies as a result of the implementation of
the new roster. Surplus workers would be re-deployed or given the
opportunity to avail of the Company's voluntary retirement scheme.
Local level discussions in respect of the revised shift
arrangements took place and agreement was reached in principal, on
a new roster. The Company sought the implementation of the new
roster. The Union submitted a claim for compensation for the
introduction of the new roster on behalf of the 18 workers
concerned, of a #1,000 lump-sum and #1,000 interest free loan.
The Company rejected the claim and the workers refused to operate
the new roster. Local level discussions failed to resolve the
issue and the matter was referred to the Labour Relations
Commission. Conciliation conferences were held on 27th July, 1992
and 23rd September, 1992 but no agreement could be reached and the
matter was referred to the Labour Court on 23rd September, 1992.
The Court hearing took place on 27th October, 1992.
UNION'S ARGUMENTS:
3. 1. Changes which have already taken place have given the
Company savings which should be shared with the workers. The
Company will also gain from the introduction of the 10 hour
shift. Productivity payments will only be payable from 1st
August, 1992.
2. The varied pattern of the new roster will result in more
unsociable working for the workers concerned. The new roster
will result in longer shifts and extra Sunday working.
Starting times and finishing times are not compatable with
public transport time tables. Compensation should be paid to
the workers to enable them to provide private transport.
COMPANY'S ARGUMENTS:
4. 1. It is necessary to introduce the proposed maintenance
rosters in order to maximise efficiency and cost effectiveness
in keeping with maintenance requirements on the locomotive
fleet. There are no valid grounds for making the payments
claimed by the workers concerned. The workers will benefit
from the new arrangements insofar as they will:
(a) derive benefit from the staff share of payroll savings
credited to the relevant productivity schemes covering
the categories of staff concerned,
(b) be red circled and retain their shift premium of
one-fifth. The agreed payment for 2 cycle shift work is
time plus one-sixth,
(c) obtain an additional 2 rest days per annum over the shift
cycle,
(d) benefit by an additional overtime element thereby
increasing average weekly pay by approximately #21,
(e) benefit socially by the elimination of night working.
2. Despite revised maintenance schedules involving
re-allocation of some work performed on the night shift, and
because of resistance to the introduction of the new shift
cover, the night shift has remained in place to date.
Agreement on interim night work schedules was reached with the
unions and are in operation at present. While the interim
shift arrangements continues, maintenance work required to be
done during the day and inappropriate to night working is
falling into arrears. Both scheduled and un-scheduled
maintenance programmes are being affected. This situation
cannot continue indefinitely.
RECOMMENDATION:
5. The Court has fully considered all of the views expressed by
the parties in their oral and written submissions.
The Court does not find grounds for the concession of the claim
and recommends the parties immediately implement the changes as
proposed.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________
17th November, 1992. Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.