Labour Court Database __________________________________________________________________________________ File Number: CD93410 Case Number: LCR14238 Section / Act: S26(1) Parties: IRISH RAIL - and - NATIONAL BUS AND RAIL UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Sunday working.
Recommendation:
5. The Court, having considered the written submissions and
verbal arguments of the parties, believes that the Company's need
to provide a seven day service for its customers is at risk if
employees insist that Sunday working is voluntary in its absolute
sense.
The problem before the Court relates to two "rights" being in
conflict and in effect appear to cancel each other out. It is
therefore a question as to what is reasonable in these
circumstances. The Court notes that both unions accept the need
to provide a Sunday service whilst reserving the right to protect
workers' legitimate needs to 'rest'. The Court would concur with
the unions vigilance against abuse and would not hesitate to
protect workers from abuse from whatever source.
Where, as in this case, there is a conflict between Irish Rail and
a worker regarding Sunday working, the Court believes that the
balance of convenience must lie with the requirements of the
business and the need of its customers. It seems to the Court
that the employee did have a choice and elected not to attend work
when rostered. As an alternative he could have attended work,
even if that meant working under protest, and pursued his dispute
in accordance with procedure.
The Court would recommend that the mechanism proposed at
conciliation finds acceptance from both parties.
"Sunday working will continue to be covered in accordance with
normal practice. In the event of a problem arising at any
location whereby staff who do not wish to work on a Sunday
may be required to work on the Sunday, every effort to
resolve the problem will be made through local consultation,
at which all options, including the use of staff from within
the area concerned, will be explored. In the event of a
solution not being agreed in time to cover the Sunday in
question, staff will agree to cover the duty concerned and
the matter will be processed through the normal procedures".
Finally the Court would as part of its recommendation, agree with
the union that all reference to the disciplinary procedure in this
case should now be deleted from the worker's record.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93410 RECOMMENDATION NO. LCR14238
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. Sunday working.
BACKGROUND:
2. Rail operatives work a six day week. Sunday working is
undertaken by agreement on an overtime basis. A dispute arose
between the parties at the Athlone depot when a worker was
disciplined for refusing to work overtime on a particular Sunday.
The issue was referred to the Labour Relations Commission and a
conciliation conference was held on the 31st January, 1993. As no
agreement was reached the dispute was referred to the Labour Court
on the 12th July, 1993 in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute on the 8th September, 1993.
N.B.R.U.'S ARGUMENTS:
3. 1. The conditions of service for rail operatives specifically
state that the standard working week consists of 39 hours
spread over six days excluding Sunday. Workers must not be
compelled to work Sunday overtime. Many are already working
overtime six days per week and a rest day is essential.
2. The worker concerned gave the Company adequate notice that
he would not be available for overtime on a particular Sunday.
His duty could have been covered by a standby driver.
3. The Company's decision to discipline the worker was
grossly unfair. On many occasions in the past workers who
were rostered for Sunday duty and who did not do that duty
were not disciplined. Workers must have the right to a rest
day without fear of the disciplinary procedures being invoked
against them.
S.I.P.T.U.'S ARGUMENTS:
3. 1. Sunday working has been part of Rail operations through
the years but it must be done on an overtime basis and like
all overtime working must be voluntary. It is essential that
workers who agree to do overtime on Sundays on a regular basis
must be facilitated with a Sunday off as required.
2. The Union cannot accept the Company's action to discipline
any worker who refuses to work overtime on Sunday. Volunteers
are always available and the need to discipline individual
workers should not arise.
COMPANY'S ARGUMENTS:
4. 1. The Company's operations extend over 7 days per week, 24
hours per day. Sunday working has been part and parcel of the
conditions of employment of Rail staff through the years.
This necessitates diverse working patterns, including
rostering on rest day and Sunday work. If the Company allows
workers who were rostered for Sunday duty not to report for
that duty the Company's entire Sunday operations would be put
at risk and the substantial Sunday earnings of workers would
be jeopardised.
2. The Company accepts that workers are entitled to be off on
some Sundays and every effort is made to accede to these
requests. However, priority must be given to the operation of
services and workers rostered for Sunday duty can only be
exempted from that duty if proper notice is given to the
Company. The worker concerned did not give proper notice and
failed to give an adequate explanation regarding his failure
to report for work.
RECOMMENDATION:
5. The Court, having considered the written submissions and
verbal arguments of the parties, believes that the Company's need
to provide a seven day service for its customers is at risk if
employees insist that Sunday working is voluntary in its absolute
sense.
The problem before the Court relates to two "rights" being in
conflict and in effect appear to cancel each other out. It is
therefore a question as to what is reasonable in these
circumstances. The Court notes that both unions accept the need
to provide a Sunday service whilst reserving the right to protect
workers' legitimate needs to 'rest'. The Court would concur with
the unions vigilance against abuse and would not hesitate to
protect workers from abuse from whatever source.
Where, as in this case, there is a conflict between Irish Rail and
a worker regarding Sunday working, the Court believes that the
balance of convenience must lie with the requirements of the
business and the need of its customers. It seems to the Court
that the employee did have a choice and elected not to attend work
when rostered. As an alternative he could have attended work,
even if that meant working under protest, and pursued his dispute
in accordance with procedure.
The Court would recommend that the mechanism proposed at
conciliation finds acceptance from both parties.
"Sunday working will continue to be covered in accordance with
normal practice. In the event of a problem arising at any
location whereby staff who do not wish to work on a Sunday
may be required to work on the Sunday, every effort to
resolve the problem will be made through local consultation,
at which all options, including the use of staff from within
the area concerned, will be explored. In the event of a
solution not being agreed in time to cover the Sunday in
question, staff will agree to cover the duty concerned and
the matter will be processed through the normal procedures".
Finally the Court would as part of its recommendation, agree with
the union that all reference to the disciplinary procedure in this
case should now be deleted from the worker's record.
~
Signed on behalf of the Labour Court
Evelyn Owens
_____________________
4th November, 1993. Deputy Chairman
T.O'D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.