Labour Court Database __________________________________________________________________________________ File Number: CD94140 Case Number: LCR14528 Section / Act: S26(1) Parties: BUS EIREANN - and - NATIONAL BUS AND RAIL UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the introduction of a mini-bus feeder service between Youghal and Dungarvan.
Recommendation:
Having considered the submissions from the parties and noting in
particular the terms of the Labour Court Recommendation No. 13293
the court is of the view that the Company's proposal is in breach
of Paragraph 7 of that Recommendation. The Court note that in
addition in Paragraph 8 the Court recommended further talks on the
issue at national level.
The Court accordingly recommends that the parties commence talks
immediately on the Company's proposals taking into account:
(1) the cost to the Company
(2) the terms of LCR 13293.
The Court sees no reason why these talks should be long drawn out.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94140 RECOMMENDATION NO. LCR14528
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BUS EIREANN
AND
NATIONAL BUS AND RAIL UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the introduction of a mini-bus feeder
service between Youghal and Dungarvan.
BACKGROUND:
2. 1. The Company, at a meeting on the 14th October, 1993,
advised the Unions that as there was no early morning
bus service from Youghal to Dublin, it was considering
the introduction of a mini-bus feeder service on a trial
basis from Youghal to Dungarvan. This would connect
with the 7.30am Dungarvan to Dublin service.
Subsequently, the Company decided to introduce the
service from Monday 29th November, 1993. The Unions
objected to this stating that their agreement had not
been sought.
2. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on the
10th December, 1993. Agreement could no be reached and
the dispute was referred by the Labour Relations
Commission to the Labour Court on the 8th March, 1994.
The Court investigated the dispute on the 18th July,
1994.
UNION'S ARGUMENTS:
3. 1. The Company implemented the new service without
agreement with the Unions.
2. The Company's intention was to use a private operator
despite one of its drivers being based in Dungarvan with
a suitable bus available.
3. In previous disputes the Labour Court held that private
operators would only be used at times and in places
where Bus Eireann's own resources were fully utilised.
COMPANY'S ARGUMENTS:
4. 1. It would not be economically viable for the Company to
provide a bus for this service as the numbers using it
would be too low.
2. A mini-bus is the most appropriate and cost effective
means of providing this feeder service.
3. A mini-bus is already travelling empty over two thirds
of the route.
RECOMMENDATION:
Having considered the submissions from the parties and noting in
particular the terms of the Labour Court Recommendation No. 13293
the court is of the view that the Company's proposal is in breach
of Paragraph 7 of that Recommendation. The Court note that in
addition in Paragraph 8 the Court recommended further talks on the
issue at national level.
The Court accordingly recommends that the parties commence talks
immediately on the Company's proposals taking into account:
(1) the cost to the Company
(2) the terms of LCR 13293.
The Court sees no reason why these talks should be long drawn out.
~
Signed on behalf of the Labour Court
3rd August, 1994 Evelyn Owens
P.O'C./D.T. __________________
Deputy Chairperson
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.