Labour Court Database __________________________________________________________________________________ File Number: CD93113 Case Number: LCR13973 Section / Act: S26(1) Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;NATIONAL BUS AND RAIL UNION |
New Rosters.
Recommendation:
5. The Court after careful examination of the evidence submitted
to it, is of the view that the possibility of resolving the
current dispute has been seriously impeded by the inclusion of
matters in the discussions other than the local arrangements for
the operation of the 6/7 day working to comply with transport
legislation.
In these circumstances the Court recommends that the parties meet
locally with a view to resolving their differences on the
operation of the rosters.
These negotiations to be completed within two weeks.
The Court so recommends
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93113 RECOMMENDATION NO. LCR13973
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BUS EIREANN
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. New Rosters.
BACKGROUND:
2. The workers concerned are employed by the Company as drivers
in the Company's Sligo depot. In February, 1992, Bus Eireann
received an instruction from the Department of Transport to
eliminate seven days continuous working for drivers as a first
step towards full adherence to the driving hours regulations.
On 31st March, 1992, the Company informed the Unions' shop
stewards that continuous seven day working would have to be
eliminated. On 3rd April, 1992, the Unions were informed that new
rosters in relation to the elimination of seven day continuous
working would be implemented with effect from 12th April, 1992. A
depot notice was displayed for the drivers information and
applications were invited for the nine new Sunday duties in
accordance with normal procedures. The new rosters changed nine
of the twenty-one drivers employed in Sligo from Sunday rest-day
to a weekday rest-day.
On 11th April, 1992, a meeting took place between the parties but
no agreement could be reached and disagreement was recorded on the
introduction of the new rosters. The new rosters were introduced
on 12th April, 1992.
A meeting took place, on 20th August, 1992, to discuss proposals
put forward by S.I.P.T.U. in relation to Sunday rest-day. The
Union withdrew from the meeting when a proposal from the Union
that the Company withdraw a dismissal notice concerning a driver
in Sligo who refused to operate the new rosters was rejected by
the Company, (the dismissal of the driver is the subject of a
separate Labour Court investigation).
A further meeting, held on 25th September, 1992, failed to resolve
the issue and, on 17th December, 1992, the Union served strike
notice on the Company to commence on 4th January, 1993.
At the invitation of the Labour Relations Commission a
conciliation conference was held on 7th January, 1993 but no
progress could be made and the matter was referred to the Labour
Court on 16th February, 1993. The Court hearing took place on
18th February, 1993. The Court issued its Recommendation by
letter on 23rd February, 1993.
UNION'S ARGUMENTS:
3. 1. The new rosters were introduced without consultation and
agreement.
2. The Company insisted that the new rosters would come into
effect on 12th April, 1992.
3. The Unions were at all times prepared to enter into
discussions in an effort to reach agreement on the new
rosters. These discussions should have addressed the
following:
(1) The change from seven day working to six day working
and its effects on the rosters.
(2) Loss of earnings.
(3) The elimination of long breaks on the roster times
of spare staff.
4. The social and working conditions of the workers concerned
have been considerably changed.
5. Some drivers are now obliged to work every Sunday.
6. The Company has shown scant regard for the effects the new
rosters have on the workers concerned.
7. The Company should conform to the norms that apply
generally to changes of this nature and reach agreement with
the Unions concerned.
COMPANY'S ARGUMENTS:
4. 1. To meet the Department of Transport's instruction to
eliminate seven days continuous working it was necessary to
change from a Sunday rest-day to a weekday rest-day in respect
of nine drivers at the Sligo depot.
2. The elimination of seven days' continuous working by
drivers was implemented throughout the Company's operation.
3. The changes in rest-days and the altered Sunday workings
were implemented strictly in accordance with the terms of the
national agreement.
4. The Labour Court has in the past found in favour of the
Company's position on this issue.
RECOMMENDATION:
5. The Court after careful examination of the evidence submitted
to it, is of the view that the possibility of resolving the
current dispute has been seriously impeded by the inclusion of
matters in the discussions other than the local arrangements for
the operation of the 6/7 day working to comply with transport
legislation.
In these circumstances the Court recommends that the parties meet
locally with a view to resolving their differences on the
operation of the rosters.
These negotiations to be completed within two weeks.
The Court so recommends
~
Signed on behalf of the Labour Court
Tom McGrath
________________
15th March, 1993. Deputy Chairman
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.