Labour Court Database __________________________________________________________________________________ File Number: CD93468 Case Number: AD9381 Section / Act: S13(9) Parties: BUS EIREANN - and - TRANSPORT SALARIED STAFFS' ASSOCIATION |
Appeal by the Association against Rights Commissioner's Recommendation No. D.C. 128/92 concerning claim for change of rest-day.
Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that the Rights Commissioner's recommendation is
not unfair in the circumstances and should be upheld.
The Court accordingly rejects the appeal and so decides.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD93468 APPEAL DECISION NO. AD8193
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: BUS EIREANN
and
TRANSPORT SALARIED STAFFS' ASSOCIATION
SUBJECT:
1. Appeal by the Association against Rights Commissioner's
Recommendation No. D.C. 128/92 concerning claim for change of
rest-day.
BACKGROUND:
2. The worker concerned was appointed to the position of
assistant foreman at the Bus Eireann's Ballina Garage on 3rd
January, 1989. The position of assistant foreman was created in
1989. The worker is employed on a five day week, Tuesday to
Saturday.
Over a period of time, the requirement of the Company in respect
of attendance on Monday changed. The Company now require more
people to work on Monday with the result that only four workers
under the supervision of the worker concerned have a Monday
rest-day. The Association claims that the Company in changing the
conditions of employment of some workers has created an anomaly in
relation to the worker concerned who is now obliged to supervise
workers on Saturday who are paid overtime rates of pay.
The worker applied for a Saturday rest-day. The Company rejected
his application. The matter was referred to a Rights Commissioner
for investigation and recommendation. On 28th June, 1993 the
Rights Commissioner recommended as follows:
"Apart from the additional cost implications of the claim,
which are quite substantial, I am satisfied that the
requirement for the worker to work on Saturday is an integral
element of his contract of employment, and for that reason,
essentially, I cannot issue a definitive recommendation in
his favour, as to do so could create a serious precedent, for
the future, in that particular area.
Nevertheless, I have some sympathy with his circumstances as
under the existing practice he can seemingly never aspire to
enjoying a rest-day on Saturday and on recent trends in the
foreseeable future he could very well turn out to be the only
employee in the Garage in that category.
Consequently, given that it is also evident that the Company
will continue to require 6 day supervisory cover at Ballina
Garage, I recommend that both parties pursue further
discussions at local level, with a view to devising, by
agreement, a roster more socially equitable to the worker
than the existing arrangement".
The worker was named in the recommendation.
The Rights Commissioner's Recommendation was appealed by the
Association to the Labour Court on 10th August, 1993. The Labour
Court heard the appeal in Sligo on 14th September, 1993.
ASSOCIATION'S ARGUMENTS:
3. 1. At the time of his appointment in 1989, the worker was
required to supervise eleven workers with similar working
conditions i.e. Tuesday to Saturday roster.
2. The majority of the eleven workers have had their working
conditions altered to a Monday to Friday Roster but are still
required to work Saturday on an ongoing basis due to the
operational requirements of the Company.
3. The worker concerned is now required to supervise staff on
Saturday who are paid overtime rates of pay while he is paid
his normal rate of pay. This represents a major alteration in
the agreement which the worker entered into in 1989.
4. The worker is entitled to the same working arrangements
as those applying to the majority of workers he supervises.
COMPANY'S ARGUMENTS:
4. 1. The worker was appointed to the position of Assistant
Foreman at Ballina Garage on the 3rd January, 1989 and was
made aware that Saturday working would be part of his normal
week. Such a 5 day roster cycle, Tuesday to Saturday,
conforms with the provisions contained in the National
Agreement covering conditions of employment for Garage
Supervisors. Subsequently, he applied for a change of
rest-day from Monday to Saturday. It has not been possible to
facilitate his request because the volume of work at Ballina,
Sligo and Westport garages requires the presence of a Foreman
at Ballina on Saturdays.
2. The position of Assistant Foreman in Ballina was a new
position created in January, 1989 specifically for the purpose
of improving the supervisory level which was required in the
control and management of the staff in the maintenance,
servicing and repairs of the Schools Transport and Road
Freight fleet attached to Ballina, Sligo and Westport depots.
Therefore, this revised arrangement required a supervisor in
attendance every day Monday to Saturday.
3. If the worker is granted a Saturday rest-day the
additional costs to the company would be #5,000 per annum.
4. It must be emphasised that the financial position of Bus
Eireann is serious and the forecast for the future is even
more grave. The Company has to trade in one of the most
competitive markets existing in the commercial sphere.
5. The Company must reduce costs in order to protect
employment and provide an efficient service to the public. In
this regard the Company must roster staff in a cost effective
manner.
DECISION:
5. Having considered the submissions from the parties the Court
is of the view that the Rights Commissioner's recommendation is
not unfair in the circumstances and should be upheld.
The Court accordingly rejects the appeal and so decides.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
4th October, 1993. Deputy Chairman.
F.B./J.C.