Labour Court Database __________________________________________________________________________________ File Number: CD93173 Case Number: LCR14009 Section / Act: S26(1) Parties: IRISH RAIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Loss of Newspaper Contract.
Recommendation:
3. The Court considered the written and oral submissions by the
parties.
The Court considers that it was reasonable that the drivers
involved on the newspaper contract should be employed in the North
Wall Road Freight sector following the loss of the newspaper
contract thereby displacing contractors. It is also clear to the
Court that in this sector an 8.00 a.m. start for day work has been
in operation for many years and that an agreement exists between
both sides on the protection of total earnings. Good industrial
relations demands that agreements and practices of long standing
cannot be changed unilaterally.
This is not to say that the existing agreement must continue
forever if one party is unwilling to change. It may well be that
the effect of the loss of the newspaper contract and the need to
be competitive are such as to warrant change but this can only be
achieved by following the agreed procedures. These would require
the party wishing to alter agreements to give adequate notice of
their wishes, to fully demonstrate the need for change and to
negotiate with the other party, using the normal machinery for
resolution of disputes if necessary. In the event that such
negotiations are initiated by the Company the Court considers that
they should be completed inside a period of 3 months. Failing an
agreed outcome to such negotiations within three months of their
commencement the matter should be referred once more to the Court.
Meanwhile the Court recommends that the original starting times
for this sector be re-introduced with immediate effect. The
Unions for their part should recognise that the loss of the
newspaper contract was a serious set-back for the Company and
should agree to the Company's proposals on driver-only working on
Rail-link and on Junior Drivers being rostered as driver/helpers.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93173 RECOMMENDATION NO. LCR14009
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH RAIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Loss of Newspaper Contract.
BACKGROUND:
2. A Labour Court investigation in the above dispute was held on
the 16th March, 1993.
RECOMMENDATION:
3. The Court considered the written and oral submissions by the
parties.
The Court considers that it was reasonable that the drivers
involved on the newspaper contract should be employed in the North
Wall Road Freight sector following the loss of the newspaper
contract thereby displacing contractors. It is also clear to the
Court that in this sector an 8.00 a.m. start for day work has been
in operation for many years and that an agreement exists between
both sides on the protection of total earnings. Good industrial
relations demands that agreements and practices of long standing
cannot be changed unilaterally.
This is not to say that the existing agreement must continue
forever if one party is unwilling to change. It may well be that
the effect of the loss of the newspaper contract and the need to
be competitive are such as to warrant change but this can only be
achieved by following the agreed procedures. These would require
the party wishing to alter agreements to give adequate notice of
their wishes, to fully demonstrate the need for change and to
negotiate with the other party, using the normal machinery for
resolution of disputes if necessary. In the event that such
negotiations are initiated by the Company the Court considers that
they should be completed inside a period of 3 months. Failing an
agreed outcome to such negotiations within three months of their
commencement the matter should be referred once more to the Court.
Meanwhile the Court recommends that the original starting times
for this sector be re-introduced with immediate effect. The
Unions for their part should recognise that the loss of the
newspaper contract was a serious set-back for the Company and
should agree to the Company's proposals on driver-only working on
Rail-link and on Junior Drivers being rostered as driver/helpers.
~
Signed on behalf of the Labour Court
Evelyn Owens
_____________________
22nd March, 1993. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.