Labour Court Database __________________________________________________________________________________ File Number: CD93149 Case Number: LCR14043 Section / Act: S26(1) Parties: IARNROD EIREANN - and - TRANSPORT SALARIED STAFFS' ASSOCIATION |
Dispute concerning the proposed transfer of a stationmaster from Boyle to Longford.
Recommendation:
5. There is a commitment by the Company to Station Masters in
stations scheduled for "halting" that they may remain in situ
until they decide to move or seek transfer. This commitment was
given to the Transport Salaried Staffs' Association as a guarantee
against compulsory transfer. It was given in the knowledge that
stations were scheduled for "halting" and on the acceptance that
the association would continue to, in a meaningful way, co-operate
with the programme of "halting".
The Court in Labour Recommendation 13365 upheld the arrangement.
In that Recommendation the Court took the view that the parties,
whilst avoiding the necessity for enforced transfer were through
mutual co-operation and goodwill seeking to achieve the objectives
of the programme in a reasonable manner.
The Court considered they were supported in this view by the
success of achieving the "halting" of the vast majority of the
stations programmed without dispute. Given the nature of the
Stationmaster's employment the Court considers that the parties
must have recognised that the "halting" of some of the stations
would give rise to problems (including problems of alternative
work, travel and domestic circumstances).
If the programme is to be completed these problems insofar as they
affect the Stationmasters concerned need to be addressed in any
options being put forward by the Company for the consideration of
the employee.
With a view to seeking an amicable arrangement which will enable
the Station Master in this case to accept transfer and the station
to be "halted" the Court would call on the Company to put forward
such reasonable options as are available to the association and
the member for their consideration.
The Court would urge the association and the member to
meaningfully and with goodwill consider the options made available
and seek an acceptable basis to effect the transfer as quickly as
possible, and enable the programme of halting to be completed.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD93149 RECOMMENDATION NO. LCR14043
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IARNROD EIREANN
and
TRANSPORT SALARIED STAFFS' ASSOCIATION
SUBJECT:
1. Dispute concerning the proposed transfer of a stationmaster
from Boyle to Longford.
BACKGROUND:
2. The worker concerned is employed by the Company as a
stationmaster in Boyle. In July, 1991, the Labour Court issued
Recommendation L.C.R. No. 13365 which recommended that the Company
adhere to the terms of its letter to the Union dated 19th May,
1988, (in which the Company stated that there would be no
compulsory transfers) and that both parties continue to seek an
arrangement which would allow the worker exercise his discretion
and the Company to progress the "halting" of stations.
The Company claims that it has complied with the terms of L.C.R.
No. 13365 but that numerous offers including an offer of a
transfer to Longford on promotion were declined by the worker
concerned. The Association rejected the Company's claim. Local
level discussion failed to resolve the issue and the matter was
referred to the Labour Relations Commission. A conciliation
conference took place on 18th September, 1992, but no agreement
was reached and the matter was referred to the Labour Court on
26th February, 1993. The Labour Court hearing took place on 22nd
March, 1993.
ASSOCIATION'S ARGUMENTS:
3. 1. In its letter dated 19th May, 1988, the Company stated
that any stationmaster (in station identified, for halting)
presently 'in situ' would remain there until they decided to
move on promotion or alternatively retire.
2. Following the Company's letter of 19th May, 1988, the
Association entered into discussions with the Company to
facilitate the "halting" of selected stations. The current
situation is that only three of the original 18 stations
remain to be "halted".
3. The Company are in possession of all options in relation
to suitable alternative vacancies. When such vacancies arise
it is the responsibility of the Company to discuss such
vacancies with the Association.
4. The only proposal the Company has made in relation to the
halting of Boyle station since the issue of L.C.R. No. 13365
was that the stationmaster would be employed for a three month
period as a temporary sales executive.
5. During the three month period the worker's position in
Boyle station would remain vacant. The Company would give no
guarantee that the worker concerned would return to his
previous position after the three month period.
6. The worker concerned applied for a stationmaster's
position in Galway which was advertised on the open internal
vacancy list. The Company would not consider financial
assistance in the event of the application being successful.
7. The Association accepts that a commitment was given,
inherent within its acceptance of L.C.R. No. 13365, to the
halting of Boyle station. The Association has, as far as
possible, complied with L.C.R. No. 13365.
COMPANY'S ARGUMENTS:
4. 1. Every possible step has been taken to facilitate the
Stationmaster and alleviate any difficulties that a move would
incur.
2. The Company has waited almost two years without receiving
any indication that the worker concerned is prepared to move.
3. The Longford offer allows the worker concerned free travel
to and from work as part of his working day. A substantial
residence at Boyle at a very minimal rent and a change of
location allowance, in line with standard practice.
4. The movement of staff between locations has always been an
accepted part of railway employment. Boyle Station has no
longer any freight traffic and only six passenger trains a day
call at the station. Many similar small stations are operated
by operative staff with no diminution of services to the
travelling public.
5. An Organisation and Methods Report of May, 1990 identified
spare clerical capacity at Boyle. Since freight was withdrawn
on 1st July, 1991 the spare capacity has increased
significantly. Boyle with an average ticket sale of less than
300 tickets per week cannot justify a full time clerical
presence.
6. Iarnrod Eireann faces an increasing competitive market
place in which the resources available to the Company are very
tightly stretched. It is the duty of all to act
realistically. A very sympathetic redeployment package cannot
in these circumstances be lightly brushed aside particularly
when similar situations throughout the country have been
satisfactorily progressed in this fashion.
7. Commitment to a realistic consideration of management
offers formed an integral part of acceptance of L.C.R. No.
13365. The Recommendation specifically mentions a commitment
by the Station Master to move and to continuing negotiations
to secure an agreement to this end.
RECOMMENDATION:
5. There is a commitment by the Company to Station Masters in
stations scheduled for "halting" that they may remain in situ
until they decide to move or seek transfer. This commitment was
given to the Transport Salaried Staffs' Association as a guarantee
against compulsory transfer. It was given in the knowledge that
stations were scheduled for "halting" and on the acceptance that
the association would continue to, in a meaningful way, co-operate
with the programme of "halting".
The Court in Labour Recommendation 13365 upheld the arrangement.
In that Recommendation the Court took the view that the parties,
whilst avoiding the necessity for enforced transfer were through
mutual co-operation and goodwill seeking to achieve the objectives
of the programme in a reasonable manner.
The Court considered they were supported in this view by the
success of achieving the "halting" of the vast majority of the
stations programmed without dispute. Given the nature of the
Stationmaster's employment the Court considers that the parties
must have recognised that the "halting" of some of the stations
would give rise to problems (including problems of alternative
work, travel and domestic circumstances).
If the programme is to be completed these problems insofar as they
affect the Stationmasters concerned need to be addressed in any
options being put forward by the Company for the consideration of
the employee.
With a view to seeking an amicable arrangement which will enable
the Station Master in this case to accept transfer and the station
to be "halted" the Court would call on the Company to put forward
such reasonable options as are available to the association and
the member for their consideration.
The Court would urge the association and the member to
meaningfully and with goodwill consider the options made available
and seek an acceptable basis to effect the transfer as quickly as
possible, and enable the programme of halting to be completed.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
_______________________
16th April, 1993 Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.