Labour Court Database __________________________________________________________________________________ File Number: CD94137 Case Number: LCR14577 Section / Act: S26(1) Parties: BUS EIREANN - and - TRANSPORT SALARIED STAFFS' ASSOCIATION |
Dispute concerning the provision of transport or a refund of taxi fares to 8 staff at Busaras.
Recommendation:
The Court does not find grounds for concession of the Union's
claim and accordingly rejects it.
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94137 RECOMMENDATION NO. LCR14577
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BUS EIREANN
AND
TRANSPORT SALARIED STAFFS' ASSOCIATION
SUBJECT:
1. Dispute concerning the provision of transport or a refund
of taxi fares to 8 staff at Busaras.
BACKGROUND:
2. 1. The dispute concerns the provision of transport or a
refund of taxi fares for eight clerical staff required
to report for duty, on a rotational basis at the enquiry
kiosk at 08.30 hours on Sunday mornings. Prior to this
they commenced work on Sunday at 10.00 hours.
2. Due to an increase in passenger numbers/general
business, particularly at weekends, the Company found it
necessary to extend the opening times of the enquiry
kiosk from 10.00 hours to 08.30 hours on Sunday
mornings. The 08.30 hours starting time was first
introduced on 14th July, 1991 and operated until 20th
October, 1991. On 31st May, 1992 the early start was
re-introduced and has continued ever since. The Union
maintains that bus services are not available early on
Sunday mornings to facilitate the workers starting at
08.30 hours. It has sought the provision of transport
or a refund of taxi fares for the workers concerned.
The Company rejected the claim and the dispute was
referred to the Labour Relations Commission. A
conciliation conference was held on 4th February, 1994.
Agreement could not be reached and the dispute was
referred by the Labour Relations Commission to the
Labour Court on 8th March, 1994. The Court investigated
the dispute on 25th August, 1994 (the earliest date
agreeable to the parties).
UNION'S ARGUMENTS:
3. 1. All other staff required to be on duty at times when
public transport services are not available have prior
knowledge (pre-appointment) of the duty hours. The
information bureau clerical staff had received an
assurance from local management that they would not be
expected to work at times when public transport is not
available.
2. There is no suitable public transport available to
facilitate the early starting time of 08.30 hours on
Sundays.
COMPANY'S ARGUMENTS:
4. 1. The Company cannot be responsible for costs associated
with staffs' travel arrangements to/from work.
2. All 1,900 full-time employees may be required to report/
finish duty when bus services are not running and are
informed of this factor at the time of recruitment.
3. It is a condition of employment that clerical staff work
turns of duty such as the one in question which is
geared to meeting the exigencies of the services and
customer demand.
4. The Company is prepared, where feasible, to allow an
exchange of duties take place when particular staff have
difficulty in meeting the Sunday 08.30 hours start time.
5. Clerical staff engaged on enquiry/booking office duties
throughout the Company's depots are obliged to attend
for duty rosters in similar type circumstances.
RECOMMENDATION:
The Court does not find grounds for concession of the Union's
claim and accordingly rejects it.
~
Signed on behalf of the Labour Court
13th October, 1994 Tom McGrath
P.O'C./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.