Labour Court Database __________________________________________________________________________________ File Number: CD94304 Case Number: LCR14511 Section / Act: S26(1) Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;NATIONAL BUS AND RAIL UNION |
Dispute concerning the advertising of 2 disputed vacancies.
Recommendation:
The Court having heard all of the arguments made by the parties in
their oral and written submissions recognises the reservations
being expressed by the Unions and agrees that the changes
necessitated by the need to contain costs should be achieved
through negotiation taking full account of the needs of the
Company and the impact on staff and earnings.
Given the current competition in the industry it is imperative in
the interests of the viability of the Company and the security and
expansion of employment that services are operated as cost
effective and efficiently as possible.
For the above reasons the Court considers that the Company's
proposal should be implemented but that implications of the
introduction of this change on staff and staff earnings be
monitored in so far as the Broadstone staff are concerned and be
the subject of discussion between the parties during the local
discussions establishing local working arrangements and the impact
on drivers of the change involved.
The Court is of the view that given the necessity to be efficient
and cost effective further issues of this nature are likely to
arise. If disputes are to be avoided it is imperative, therefore,
that the Company and the Unions finalise very quickly the
discussions recommended by the Court in September, 1992, taking
into account the changes which have been implemented during the
discussions, and their impact on staff and earnings.
The Court so recommends.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94304 RECOMMENDATION NO. LCR14511
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BUS EIREANN
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Dispute concerning the advertising of 2 disputed vacancies.
BACKGROUND:
2. 1. The Company is seeking to "outbase" two of its services
in Kells and Edenderry. This would mean the basing of
two drivers in the two locations and thus doing away
with light mileage (i.e. travelling to terminus without
passengers). The two locations are at present served by
spare drivers from the Broadstone depot.
2. The outbased vacancies were advertised on 21st February
in the Broadstone depot and a number of applications
were received. The Unions objected to the Company's
proposals and rejected any change to the status quo.
Following a local meeting, the vacancies were
readvertised on 10th March, 1994. The Unions' positions
had not changed and the dispute was referred to the
Labour Relations Commission.
3. A conciliation conference was held on 28th April, 1994.
A negotiated settlement was not possible and on 24th
May, 1994, the dispute was referred to the Labour Court
under section 26(1) of the Industrial Relations
Act,1990. A Labour Court investigation took place on
17th June, 1994.
UNIONS' ARGUMENTS:
3. 1. The Unions oppose the Company's proposals pending the
introduction of a five day week. The premature
implementation of these services prior to the completion
of the five day week discussions will adversely affect
the earnings levels of the workers (details supplied).
2. The workers have already suffered a loss in earnings as
a result of the implementation of E.U. driving
regulations. The Company's proposals will further
reduce the work available to the spare drivers.
3. The Company's proposals can be negotiated at local level
but only in the context of the overall discussions on
new working structures. There is no real evidence that
the Company will make any real savings by its proposals
(details supplied).
COMPANY'S ARGUMENTS:
4. 1. The placing of drivers at provincial locations where
large traffic levels originate is a common feature of
road passenger operations. The current requirement to
increase the outbased driver establishment has come
about as a consequence of the growth in the commuter
market. There is no difficulty in getting staff from
the spare drivers' pool to fill the vacancies.
2. The new services will save the Company money and it is
incumbent on the Company to provide cost-efficient
services. Reliability of service is a crucial factor in
attracting and sustaining customers. The assignment of
drivers to outbased locations on a permanent basis is a
critical ingredient in attaining this objective.
3. The Company must be able to compete with private
operators (details supplied). The Company's proposal
conforms with the provisions of the national agreement.
The Company does not accept that its proposal must await
the outcome of the five day week discussions.
RECOMMENDATION:
The Court having heard all of the arguments made by the parties in
their oral and written submissions recognises the reservations
being expressed by the Unions and agrees that the changes
necessitated by the need to contain costs should be achieved
through negotiation taking full account of the needs of the
Company and the impact on staff and earnings.
Given the current competition in the industry it is imperative in
the interests of the viability of the Company and the security and
expansion of employment that services are operated as cost
effective and efficiently as possible.
For the above reasons the Court considers that the Company's
proposal should be implemented but that implications of the
introduction of this change on staff and staff earnings be
monitored in so far as the Broadstone staff are concerned and be
the subject of discussion between the parties during the local
discussions establishing local working arrangements and the impact
on drivers of the change involved.
The Court is of the view that given the necessity to be efficient
and cost effective further issues of this nature are likely to
arise. If disputes are to be avoided it is imperative, therefore,
that the Company and the Unions finalise very quickly the
discussions recommended by the Court in September, 1992, taking
into account the changes which have been implemented during the
discussions, and their impact on staff and earnings.
The Court so recommends.
~
Signed on behalf of the Labour Court
22nd July, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.