Labour Court Database __________________________________________________________________________________ File Number: CD93611 Case Number: LCR14288 Section / Act: S26(1) Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for the upgrading of four engineering operatives engaged on stores-issuing duties in Cork and Limerick garages.
Recommendation:
5. Having considered the submissions of the parties and the oral
evidence presented at the hearing, the Court does not find grounds
to recommend a re-grading of the claimants.
Division: Mr Heffernan Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD93611 RECOMMENDATION NO. LCR14288
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1),
INDUSTRIAL RELATIONS ACT, 1969
PARTIES: BUS EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for the upgrading of four engineering operatives engaged
on stores-issuing duties in Cork and Limerick garages.
BACKGROUND:
2. 1. The Union submitted the claim for upgrading on 26th
July, 1991. A number of local meetings took place but no
progress was made. The Union referred the issue to the Labour
Relations Commission and a conciliation conference was held on
the 25th June, 1993. No agreement was reached and the matter
was referred by the Labour Relations Commission to the Labour
Court on the 27th October, 1993. The Court investigated the
matter on the 23rd November, 1993.
UNION'S ARGUMENTS:
3. 1. There are only two engineering operatives engaged in
issuing duties where previously there were three. The stores
controller is only available occasionally to help out.
2. The two operatives are performing additional duties.
COMPANY'S ARGUMENTS:
4. 1. The agreement concluded in 1990 covering the appointment
of the stores controllers in the Company's main garages was in
full and final settlement of the Union's claim concerning the
responsibilities pertaining to staff engaged on stores duties.
2. The duties of the four staff in Cork and Limerick
garages do not warrant a departure from the agreed grading
structure.
3. Concession of the claim would give rise to similar type
claims and would undermine the agreed grading structure for
all the Company's garage operatives.
4. The Company's serious financial position and the terms
of the Programme for Economic and Social Progress prohibit any
cost-increasing claims.
RECOMMENDATION:
5. Having considered the submissions of the parties and the oral
evidence presented at the hearing, the Court does not find grounds
to recommend a re-grading of the claimants.
~
Signed on behalf of the Labour Court
10th December, 1993 Kevin Heffernan
P O'C/U.S. ----------------
Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Paul O'Connor, Court Secretary.