Labour Court Database __________________________________________________________________________________ File Number: CD94142 Case Number: LCR14498 Section / Act: S26(1) Parties: BUS EIREANN - and - IRISH CONGRESS OF TRADE UNIONS;CIE TRADE UNION GROUP;NATIONAL BUS AND RAIL UNION |
Investigation arising from recommendation no's. LCR 14143 and LCR 13414 concerning the date from which the 39-hour week should be implemented.
Recommendation:
The Court has considered the oral and written submissions of the
parties.
In Recommendation LCR 13414, the Court stated that the Company was
entitled "to achieve the objective of the Framework Agreement
that the reduction in working hours (time) be effected without
recourse to overtime working". Recommendation LCR 14143 must be
read in conjuction with the earlier Recommendation. The Court,
therefore, did not envisage overtime being a long-term solution to
the problem of introducing the 39-hour week for this particular
group of workers in the Company.
On the other hand, the Court did expect that following
Recommendation LCR 14143, agreement would be reached speedily for
the workers for whom the 39-hour week had not been implemented.
It is the Court's view that the the one hour reduction should be
achieved in such a way as will meet the objectives of the
negotiators when drafting the framework agreement, and be socially
beneficial to the workers concerned. The Court considers that
the proposals to date do not meet these intentions.
Accordingly, the Court recommends as follows:-
(1) That the parties given the above criteria, seek to reach
agreement on the 39-hour week;
(2) That they complete their discussions within four weeks of the
issue of this Recommendation;
(3) That, subject to agreement being reached, the workers be paid
a sum equivalent to one hour's overtime per week for 6
months at overtime rate.
(4) In the event that agreement is not reached within the
period specified above, the Court will review the discussions
and issue a definitive Recommendation.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD94142 RECOMMENDATION NO. LCR14498
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BUS EIREANN
AND
IRISH CONGRESS OF TRADE UNIONS
(CIE TRADE UNION GROUP)
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Investigation arising from recommendation no's. LCR 14143 and
LCR 13414 concerning the date from which the 39-hour week
should be implemented.
BACKGROUND:
2. 1. The Labour Court investigated the question of
introducing a 39-hour basic working week and
recommendation no. LCR 13414 was issued on 27th
September 1991. The Court investigated the issue of
dates of implementation of the 39-hour week and
recommendation no. LCR 14143, as follows, was issued on
21st July 1993.
"The Court has considered the submissions made by
the parties arising out of the terms of Labour
Court recommendation 13414. It is of the opinion
that it was clear from the terms of that
recommendation tat it did not favour a uniform date
of implementation The Court does not, therefore,
recommend concession of the Unions' claim that the
effective date of the reduction of hours should
date back to 1st July, 1991.
Having regard to the complex task of applying the
adjustment in various work places the Court is of
the view that for those who concluded negotiations
and had the terms implemented on or before 1st
December, 1991 no retrospection should apply.
For those who settled between that date and the
1st April, 1992 retrospection to 1st December, 1991
should apply. For those for whom settlement was
further delayed a maximum of six months,
retrospection should apply subject to the condition
that in any such case retrospection should not
apply to a date earlier than 1st December, 1991.
As regard the drivers and conductors on non-city
bus services the Court is on the view that the
Company was interpreting the terms of the P.N.R.
too rigidly. There are many instances in which it
was not possible to arrange the reduced hours in
such a manner as to be socially favourable to the
workers concerned and in these circumstances
recoupment of the cost was not possible.
The same circumstances seem to apply to the present
claimants, in which case the Court recommends that
the Company agree to pay overtime for the hour in
question with retrospective effect of 6 months from
the date of this recommendation."
2. Arising from the recommendation, the Unions maintained
that drivers and conductors on non-city services should
benefit from the 39-hour week by way of a continuous
payment of an additional one hour's overtime per week.
Since the issue of recommendation no. LCR 13414
negotiations on the 39-hour week have been concluded for
all workers except 645 drivers.
3. The parties could not agree on a method of resolving the
claim for a 39-hour week on behalf of the 645 drivers.
Following correspondence (details supplied), it was
decided that a further Labour Court investigation was
necessary arising out of recommendation no. LCR 14143.
A Labour Court investigation took place on 15th April
1994 and its recommendation is set out below.
RECOMMENDATION:
The Court has considered the oral and written submissions of the
parties.
In Recommendation LCR 13414, the Court stated that the Company was
entitled "to achieve the objective of the Framework Agreement
that the reduction in working hours (time) be effected without
recourse to overtime working". Recommendation LCR 14143 must be
read in conjuction with the earlier Recommendation. The Court,
therefore, did not envisage overtime being a long-term solution to
the problem of introducing the 39-hour week for this particular
group of workers in the Company.
On the other hand, the Court did expect that following
Recommendation LCR 14143, agreement would be reached speedily for
the workers for whom the 39-hour week had not been implemented.
It is the Court's view that the the one hour reduction should be
achieved in such a way as will meet the objectives of the
negotiators when drafting the framework agreement, and be socially
beneficial to the workers concerned. The Court considers that
the proposals to date do not meet these intentions.
Accordingly, the Court recommends as follows:-
(1) That the parties given the above criteria, seek to reach
agreement on the 39-hour week;
(2) That they complete their discussions within four weeks of the
issue of this Recommendation;
(3) That, subject to agreement being reached, the workers be paid
a sum equivalent to one hour's overtime per week for 6
months at overtime rate.
(4) In the event that agreement is not reached within the
period specified above, the Court will review the discussions
and issue a definitive Recommendation.
~
Signed on behalf of the Labour Court
11th July, 1994 Tom McGrath
J.F./D.T. ______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.