Labour Court Database __________________________________________________________________________________ File Number: CD94634 Case Number: LCR14707 Section / Act: S20(1) Parties: BUS EIREANN - and - NATIONAL BUS AND RAIL UNION |
Suspension of a worker.
Recommendation:
The Court has considered all of the views of the parties as
expressed in their oral and written submissions, and in the
documentation and comments received subsequent to the Court
hearing.
Given all the circumstances of the case the Court finds:-
(1) That on the morning in question there was a dispute regarding
the operation of the buses. That when this matter could not
be resolved directly between the parties concerned it should
have been progressed in accordance with the agreed Industrial
Relations procedures.
(2) The issue of discipline should have been progressed through
the agreed Disciplinary/Grievance procedures to a conclusion.
The Court considers it is imperative that both parties maintain
the integrity of the Disciplinary/Grievance procedures which have
been agreed by them.
Accordingly, in the interests of improving the Industrial
Relations environment, the Court recommends the disciplinary issue
be progressed through the procedures agreed to a conclusion.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94634 RECOMMENDATION NO. LCR14707
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BUS EIREANN
AND
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Suspension of a worker.
BACKGROUND:
2. The dispute before the Court concerns the disciplining of a
driver following his refusal to carry out an instruction in
Dundalk on 27th November, 1993. The worker was instructed to
place a bus at the railway station in Dundalk and standby to
transport train passengers from Dundalk to Newry at
approximately 9.00 a.m. It was envisaged that the railway
line would not be cleared for operation due to a bomb scare
the previous evening.
A disciplinary hearing was held on 15th March, 1994 at which
the District Manager in Dundalk imposed a one weeks'
suspension on the worker.
In accordance with procedure, the Union on 15th March, 1994
appealed the suspension. On 18th July, 1994 the appeal was
withdrawn.
The worker was informed by the District Manager that the
suspension would commence on 1st November, 1994. The Union
by letter dated 26th November, 1994 served strike notice on
the Company which would take effect within 7 days of the
Company implementing the suspension.
Local level discussions took place, following which the
Company agreed to postpone the implementation of the
suspension on the condition that the Union refer the issue to
the Labour Court. The Union referred the matter to the
Labour Court on 7th November, 1994 under Section 20(1) of the
Industrial Relations Act, 1990. The Union agreed to be bound
by the Court's recommendation. A Labour Court hearing took
place in Dundalk on 14th February, 1995.
UNION'S ARGUMENTS:
3. 1. The inspector at the depot failed to respond to a
legitimate query from an elected employee
representative in relation to what action the Company
proposed to take in relation to solving the problem
created by the bomb scare. The inspector choose to
ignore the worker concerned and replied in an
intimidatory manner that the Company would use private
operators.
2. Following a similar incident in 1993 a local agreement
was drafted designating the closure of the railway line
as an emergency and that the carrying of rail passengers
from Dundalk to Newry in such circumstances was the
function of Dundalk based busworkers.
3. The worker was unfairly treated by management for his
trade union activities. If the worker had been
penalised with other breaches of regulations the Union
would have followed normal procedures.
COMPANY'S ARGUMENTS:
4. 1. The conduct of the worker on 27th November, 1993 has
been dealt with through the agreed disciplinary
procedures. The Union of its own choosing, did not
exhaust the full provisions contained in these
procedures.
2. The conduct of the worker on the day concerned, which
led to the disruption of services at Dundalk depot, was
of a serious nature, In the circumstances the findings
of the District Manager are reasonable.
3. It is recognised that the disciplinary procedures agreed
with the trade unions in respect of road passenger
operative grades are fair and self contained.
Accordingly, there is no provision for the referral of
cases to a third party.
4. In the circumstances, the Company requests the Court to
uphold the District Manager's findings and to recommend
that the one weeks' suspension of the driver be
accepted.
RECOMMENDATION:
The Court has considered all of the views of the parties as
expressed in their oral and written submissions, and in the
documentation and comments received subsequent to the Court
hearing.
Given all the circumstances of the case the Court finds:-
(1) That on the morning in question there was a dispute regarding
the operation of the buses. That when this matter could not
be resolved directly between the parties concerned it should
have been progressed in accordance with the agreed Industrial
Relations procedures.
(2) The issue of discipline should have been progressed through
the agreed Disciplinary/Grievance procedures to a conclusion.
The Court considers it is imperative that both parties maintain
the integrity of the Disciplinary/Grievance procedures which have
been agreed by them.
Accordingly, in the interests of improving the Industrial
Relations environment, the Court recommends the disciplinary issue
be progressed through the procedures agreed to a conclusion.
~
Signed on behalf of the Labour Court
14th March, 1995 Tom McGrath
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.