FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BUS EIREANN - AND - A WORKER (REPRESENTED BY MESSRS. BRIAN J. CHESSER & CO.) DIVISION : Chairman: Employer Member: Worker Member: |
1. (1) Alleged breach of Company Policy in failing to give priority to the applicant as an existing Bus Eireann driver to advertised vacancies at a location other than his own (namely Waterford) ahead of seasonal drivers.
(2) Alleged discriminatory and unfair treatment by Bus Eireann in making appointments to the detriment of the applicant.
(3) Alleged breach or violation of existing Labour Court Agreement.
BACKGROUND:
2. The dispute relates to the refusal to grant a driver's application for transfer.
The worker was recruited as a driver by Bus Atha Cliath in July, 1994. In September 1994, he transferred to the Company's Broadstone depot. On 5th October, 1995, the worker submitted a written request for a transfer to Waterford. Since then he has submitted a number of requests for a transfer, and applied unsuccessfully for vacancies which have arisen in Waterford.
On 23rd January, 1996, the worker met the district manager in Waterford and requested an immediate transfer to Waterford, citing his domestic situation as the main reason. The district manager advised the worker that inter-depot transfers and the filling of vacancies must be dealt with in accordance with the national agreement.
A similar request for transfer was made by another driver and the Union referred it to a Rights Commissioner. The Rights Commissioner's recommendation No ST 181/95 issued on 17th July, 1995, and found that it was reasonable for permanent staff to be given priority over casual staff in the filling of a permanent vacancy.
In an effort to regularise matters relating to the filling of vacancies, the Company wrote to the trade unions (SIPTU and the National Bus and Rail Union - NBRU) in a letter dated 18th January, 1996. Part of the letter reads as follows:
"In order to resolve this matter, the Company is prepared to give priority to an existing appointed Bus Eireann driver, who applies for transfer to an advertised vacancy at a location other than his own ahead of seasonal/temporary driver employed in the location in which the vacancy occurs.
I trust that the above arrangement is acceptable to you".
The Company states that a meeting took place between the unions but that agreement could not be reached regarding the Company proposal. Two conciliation conferences took place on 3rd and 20th July, 1996. The Company claims that fears were expressed by the union representatives that "local interests were being diluted".
The worker referred his case to the Labour Court on 12th September, 1996, in accordance with Section 20(1), Industrial Relations Act, 1969. The worker agreed to be bound by the Court's recommendation. A Labour Court hearing took place on 5th November, 1996, in Waterford.
WORKER'S ARGUMENTS:
3. 1. At present, the worker has only 1 day per week which he can spend with his family in Waterford. Because of a domestic situation he needs to be with his family full-time. He has made a total of 14 applications, 13 of which were for advertised vacancies in Waterford. (Full details of the application were supplied to the Court). All except for 2 were given to unappointed or temporary drivers. A letter from the Company to the worker on 13th March, 1996, confirmed that when a vacancy arose in Waterford he would be considered. This did not happen. None of his other applications were responded to.
2. The letter from the Company dated 18th January, 1996, supersedes the national agreement. It states that existing appointed drivers, such as the worker concerned, will be given priority over temporary workers in the filling of vacancies.
COMPANY'S ARGUMENTS:
4. 1. The worker has only been with the Company since September, 1995. He accepted the transfer from Bus Atha Cliath to the Broadstone depot under present conditions, including those governing transfers to provincial depots. Clause 20 of the Road Passenger Operative Agreement is the relevant section dealing with transfers: Part of Clause 20 reads as follows:
There is no arrangement whereby drivers and conductors on the regular establishment in the Dublin City Services or in the Provincial section may transfer to other city or provincial services except by way of mutual transfer where this is agreed to by the management.
Vacancies which have arisen in Waterford recently have been filled in accordance with the national agreement as suitable candidates were available locally i.e. seasonal staff.
2. The Company, as indicated in its letter of 18th January, 1996, is willing to give priority to established drivers over temporary staff in the filling of permanent drivers' vacancies. However, the trade unions involved have not yet agreed to this proposal and the Company cannot implement the proposal without their agreement.
RECOMMENDATION:
The Court accepts the Company position that agreements exist with the relevant unions on this issue and, therefore, they are not in a position to grant the transfer request at this time.
The Court notes that discussions are taking place that, if successful, could facilitate the claimant's desire to be relocated.
Signed on behalf of the Labour Court
Finbarr Flood
29th November, 1996______________________
C.O'N./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.