FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. First class pass.
BACKGROUND:
2. The Union's claim is for the retention of a first class travel pass for a worker employed in the Procurement Department, Inchicore. The worker was employed as a Clerical Assistant Class I and held a first class pass since 1987. The worker was re-graded to Clerical Officer Grade 3 in February, 1998, retrospective to the 1st of January, 1998. The Company states that the pass appropriate to her new grade is the standard class pass which was issued to her for 1999. Management states that she was permitted to retain the first class pass for 1998 as it had been issued to her before her re-grading.
Following the Company's refusal to attend a Rights Commissioner's hearing, the Union referred the claim to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation. The Company states that its refusal to attend the Rights Commissioner's hearing was on the grounds that travel facilities are a staff concession and are not a condition of employment. The Labour Court investigated the dispute on the 10th of May, 1999.
UNION'S ARGUMENTS:
3. 1. While negotiations were taking place concerning the worker's re-grading, she specifically raised the issue of her first class travel pass. The Personnel Manager, who has since retired, assured her that she could retain her pass as she had held it for so long and that her new appointment was as secretary to Head of Group, Procurement. The retired Personnel Manager has since expressed his dismay at Management's change of attitude.
2. On the 2nd of March, 1999, the Manager of Procurement and Materials supported the worker's claim in writing and referred to the agreement with the Personnel Manager to allow the worker to retain her first class pass. He also mentioned a precedent in his own department.
3. The worker was issued with a standard class pass by Iarnrod Eireann for 1999, yet in total contradiction, Northern Ireland Railways issued her with a first class pass. She should be allowed to retain her first class pass in view of the commitments given by Management and in view of her long service with the Company.
COMPANY'S ARGUMENTS:
4. 1. The assimilation of clerical assistant grades and mainstream clerical grades in 1998 resulted in an agreement between the Company and the Irish Congress of Trade Unions. Paragraph 9 states that "staff covered by these proposals who currently enjoy first class travel may retain this privilege on a personal basis,while they remain in these grades".
2. The worker was appointed to Clerical Officer Grade 3 as a result of a re-grading application. As her travel pass for 1998 had already been issued to her, she was permitted to retain it for 1998. This decision was confirmed to her by the Personnel Manager in the Chief Mechanical Engineer's Department.
3. Previous Labour Court recommendations have issued concerning the principle of change in travel facilities resulting from changes in grades. They have upheld the Company's position. If the worker's claim is successful there would be implications for travel arrangements in respect of all current and former employees with regard to first class facilities. It may also have potential implications for foreign travel facilities.
RECOMMENDATION:
The Court has given serious consideration to the written and oral submissions made by the parties and also to the additional information supplied by both sides following a request for such information from the Court.
It is clear to the Court that the application of 1st class rail pass for staff does not apply to Grade C03, which was the grade the claimant had been re-graded to. Therefore, the Court rejects the claim.
However, the Court is satisfied that the claimant in accepting the new grade was under the impression that she was going to retain her 1st class rail pass. In view of the importance she attaches to the right to retain the pass (perhaps even more importance than the re-grading), the Court recommends that the Company should consider giving her the option to revert back to her former grade, if she so wishes.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th June, 1999______________________
DG/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.