Labour Court Database __________________________________________________________________________________ File Number: CD93177 Case Number: LCR14021 Section / Act: S26(1) Parties: IRISH RAIL - and - NATIONAL BUS AND RAIL UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the retention of Sunday duty for depotpersons at Ceannt Station, Galway.
Recommendation:
5. The Court has considered the submissions made by the parties.
It would seem to it from the information before it that the work
in question has no particular value in providing additional
security to the depot nor was it designed to provide such.
While it is evident to the Court that there are problems related
to security within the depot, it is of the opinion that it is an
issue separate and distinct from the issue before the Court.
The Court therefore recommends that the workers concerned agree to
the cessation of the duty directly after the issue of this
recommendation.
Division: Mr O'Connell Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD93177 RECOMMENDATION NO. LCR14021
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH RAIL
and
NATIONAL BUS AND RAIL UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the retention of Sunday duty for
depotpersons at Ceannt Station, Galway.
BACKGROUND:
2. 1. The Company is seeking to eliminate a rostered turn of
duty for depotpersons from 18.20 on Sundays to 01.00 on
Mondays. The turn of duty is required for the back gate of
the station. This shift originated when a local hotel opened
a night-club. The cars of patrons caused congestion at the
station and hindered the free access of buses.
2. The duty was paid for by Bus Eireann and operated on a
contract basis by Irish Rail. Recently, Bus Eireann
introduced a clamping system for cars, which proved
successful. As a result, Bus Eireann ceased to pay the cost
of the duty, with effect from 1st January, 1993.
3. The Company in January, 1993 advised the Unions that the
duty was to end. The Unions objected on the basis that the
duty was required to deal with security on a Sunday night.
The dispute was referred to the Labour Relations Commission
and a conciliation conference was held on 10th March, 1993. A
negotiated solution was not possible and the dispute was
referred to the Labour Court on 15th March, 1993 under Section
26(1) of the Industrial Relations Act, 1990. A Labour Court
investigation took place on 18th March, 1993.
UNION'S ARGUMENTS:
3. 1. The Unions accept that the Sunday duty was introduced 25
years ago to ensure that the back entrance of the station was
kept free of cars. However, the duty evolved over the years,
to providing security on a Sunday night when the number of
workers at the station is significantly lower than at other
times during the week.
2. The worker on duty at the back gate is the only physical
presence to stop undesirables from trespassing. Recent
incidents (details supplied) have underlined the importance of
this physical presence. The Unions do not accept that any
other staff are available for the duty. The worker on
security duty can be engaged on other duties (details
supplied).
3. The security situation is no different from the
requirements at other stations. The position is required for
security reasons. The contracting of the clamping service has
affected the workers' earning. The workers have received
guarantees that their earnings would not be affected by the
use of contractors.
COMPANY'S ARGUMENTS:
4. 1. The Sunday duty has always been in operation to ensure
that the back entrance to the station was kept free of parked
cars in order to allow unimpeded access, specifically for Bus
Eireann vehicles. It is no longer required by Bus Eireann and
the Company is obliged to discontinue the duty.
2. By discontinuing the duty, no savings will accrue to the
Company and due to its financial position it cannot continue
to sustain costs which are not justified. Similarly, the
cancellation of the contract provides no basis for the payment
of compensation.
3. The Station's security needs have been specifically and
separately catered for by another duty in the Sunday roster.
The need for depotpersons on the Sunday roster will mean that
the cancellation of the back-gate duty is unlikely to result
in any significant loss of earnings opportunity for the
workers concerned.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties.
It would seem to it from the information before it that the work
in question has no particular value in providing additional
security to the depot nor was it designed to provide such.
While it is evident to the Court that there are problems related
to security within the depot, it is of the opinion that it is an
issue separate and distinct from the issue before the Court.
The Court therefore recommends that the workers concerned agree to
the cessation of the duty directly after the issue of this
recommendation.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
26th March, 1993. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.