Labour Court Database __________________________________________________________________________________ File Number: CD95179 Case Number: LCR14990 Section / Act: S26(1) Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;NATIONAL BUS AND RAIL UNION |
Dispute concerning the re-introduction of a late-night bus service.
Recommendation:
Having considered the submissions from the parties and taking into
account the additional information given at the hearing, the Court
recommends as follows:
The Unions agree to the re-introduction of the late-night bus
service on a 3 months' trial basis subject to the Company
agreeing
(a) to guarantee protection of the drivers from the time the
bus enters the bus depot until their cash is deposited
in the night safes,
to introduce new ticketing machines,
and
(b) at the end of the trial period, the parties assess the
operation from safety and commercial aspects.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD95179 RECOMMENDATION NO. LCR14990
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:
Dispute concerning the re-introduction of a late-night bus
service.
BACKGROUND:
From 1987 to 1993, a 12.05 a.m. service operated from the
C.R. Bard factory on the outskirts of Galway, to the city
centre. The service was included on the city One Person
Operative (OPO) "Boards", with a rotating staff of 24. In
April, 1993, the service was withdrawn through lack of demand
at C.R. Bard.
In August, 1994, following representation from C.R. Bard, and
a survey that indicated that there was sufficient passenger
demand, Bus Eireann sought to re-introduce the service. The
Unions were not prepared to agree to the re-introduction of
the service for a variety of reasons. They expressed
dissatisfaction with the ticket machines being used, and the
safety/security arrangements, and sought extended radio
control, an inspector on duty, improved security and ticket
machines, an 'assault scheme' such as in Dublin Bus, and a
small lump sum for the drivers concerned.
The Company's position was that to concede the Union demands
would make the operation of the service uneconomic. The
dispute was the subject of a conciliation conference under
the auspices of the Labour Relations Commission, at which
agreement was not reached. The dispute was referred to the
Labour Court, on the 7th of March, 1995, in accordance with
Section 26(1) of the Industrial Relations Act, 1990. The
Court investigated the dispute, in Galway, on the 16th of
November, 1995, the earliest date convenient to both parties.
UNIONS' ARGUMENTS:
1. It would be unsafe for drivers to operate the service as they
will be in possession of considerable sums of money. There
is no radio control in operation after midnight and,
accordingly, a driver under threat will be deprived of
back-up services.
2. The proper ticket-issuing machines have not been made
available leading to the requirement for drivers to carry
cash. The old machines which the Company has insisted are
used result in a considerably increased workload for the
drivers.
3. When the driver has finished his run, he will be required to
return his vehicle to a depot where there is a serious
security problem late at night (details supplied to the
Court). The risk to the drivers would be increased if it was
known that they were carrying large amounts of cash.
4. The Board to which the Company wishes to add the additional
work commences at 15.10 hours. There is a considerable
unsocial element affecting the drivers concerned. They are
also expected to take on this additional work, without any
additional payment.
COMPANY'S ARGUMENTS:
1. This service previously formed part of OPO Board 12 and at
the time it was removed from the Board due to a fall off in
support, it was made clear to the trade unions that, should
there be an increase in demand for the service at a later
stage, consideration would be given to restoring it.
2. The inclusion of this service on OPO Board 12 would leave the
average city OPO schedules well within the agreed maximum of
38 hours 10 minutes per week and, therefore, would conform
with the provisions of the National Agreement.
3. The objections put forward by the trade unions in relation to
ticketing and safety/security are, in the light of experience
over a six-year period, unreasonable and invalid. There is a
security man on duty at the depot from 00.00 hours to 06.00
hours each night.
4. The Company has offered to provide the type of ticket-machine
that can issue all types of tickets.
5. Services to C.R. Bard and other factories are an important
segment of operations in Galway City. It is important, in
the light of increasing competition against the Company's
services, and the need to improve revenue on loss-making city
services, that the existing level of business is protected
and also that every opportunity is availed of to increase
carryings. Alterations to services such as that proposed are
part and parcel of bus-working and are required by the very
nature of the job. Bus Eireann must be in a position to make
such alterations in order to meet customer demands and remain
competitive.
RECOMMENDATION:
Having considered the submissions from the parties and taking into
account the additional information given at the hearing, the Court
recommends as follows:
The Unions agree to the re-introduction of the late-night bus
service on a 3 months' trial basis subject to the Company
agreeing
(a) to guarantee protection of the drivers from the time the
bus enters the bus depot until their cash is deposited
in the night safes,
to introduce new ticketing machines,
and
(b) at the end of the trial period, the parties assess the
operation from safety and commercial aspects.
~
Signed on behalf of the Labour Court
1st December, 1995 Evelyn Owens
M.K./A.K. ------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.