FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr Walsh |
1. Interpretation of 1991 Road Freight Agreement - Waterford.
BACKGROUND:
2. In 1991, following major rationalisation by the Company, an agreement was reached which related to the Waterford depot. Part of the agreement provided for 9 drivers, one of whom was to be a "utility" driver.
On the 11th December, 1995, a Road Freight National Negotiating Council (NNC) meeting took place. At the meeting, it was agreed that a number of staff countrywide would be released on voluntary severance, including a driver in the Waterford depot. The Company claims that there was agreement at the NNC meeting to reduce the number of drivers at the Waterford depot to 8. The Union maintains that the Company should honour the 1991 agreement which, the Union claims, provided that agreement would have to be reached at local level before amending the number of drivers. The Union claims that this agreement was not reached.
The matter was referred to the Labour Relations Commission and a conciliation conference took place on 14th June, 1996. As the parties did not reach agreement the dispute was referred to the Labour Court on the 11th July, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 17th December, 1996.
UNION'S ARGUMENTS:
3. 1. The agreement of September, 1991, was specific to the Waterford depot. The terms stated that agreement would have to be reached at local level before any amendments were made. This agreement was not reached in relation to the present dispute. The Company's claim that agreement at national level supercedes the 1991 agreement is incorrect. The Waterford Union delegation at the NNC meeting reminded the Company of the 1991 agreement with a view to local level discussions taking place, but no contact was made by the Company.
2. The Company proceeded to increase the involvement of an outside haulier after the Waterford driver took voluntary redundancy. The remaining drivers objected to this and pointed out that Clause 4 of the 1991 agreement provided for the maintenance of a "utility" truck. A temporary driver, who has more than 5 years' service, could have driven the "utility" truck, rather than resorting to outside help. The workers would not have balloted in favour of the 1991 agreement if they had known that the Company would not honour it.
COMPANY'S ARGUMENTS:
4. 1. At the NNC meeting in December, 1995, the Union was seeking to have a number of road freight staff released on voluntary redundancy, including the driver in Waterford. At the NNC meeting it was agreed with the Union that the number of drivers in Waterford would be reduced to 8. An extract from the minutes of the NNC meeting confirm this agreement (details supplied to the Court). It was further agreed at the meeting that;
"Staff to be released on Voluntary Severance on the
understanding that remaining staff will be fully employed
and the balance of the work, if any, will be contracted
out as required."
Notice of the 1995 agreement was displayed at the Waterford depot. At no stage were there any objections to the minutes of the NNC meeting relating to the issue.
2. The Company released a number of staff on voluntary severance at a cost of £750,000. It released the Waterford driver on the basis that it would contract-out the work involved to private hauliers. This was necessary in order to realise the savings necessary to fund the voluntary severance costs incurred.
RECOMMENDATION:
While there appears to be some confusion as to whether there was to be further discussions locally after the NNC meeting in Dublin, the Court is satisfied that the balance of evidence comes down in favour of there being an acceptance of eight (8) in the Waterford depot, as a result of this NNC meeting, at which Waterford depot was represented.
Signed on behalf of the Labour Court
Finbarr Flood
9th January, 1997______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.