FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Non-application of disciplinary procedures.
BACKGROUND:
2. The dispute concerns one worker, a locomotive driver, who referred the following matter to the Labour Court, on the 29th September, 2000, in accordance with Section 20(1) of the Industrial Relations Act, 1969:-
"That I, being an employee of Iarnrod Eireann, cannot have my work withdrawn due to my refusal and/or inability to work rest days without full use of the agreed disciplinary policies and procedures in place within my employment".
- The Company's response is that that the matter arises in regard to a process put in place by the Company to deal with drivers such as the claimant who are engaged in a concerted action in relation to the operation of a formal agreement entered into by the Company with recognised and licensed trade unions representing locomotive drivers.
The respective positions of the parties to the dispute are as follows:-
The worker claims that, on 19th September, 2000, having booked on "to work the Company's A New Deal For Locomotive Drivers under protest and within the jurisdiction of the Labour Court/Labour Relations Commission, as he had done since 28th August, 2000", he has been the subject of disciplinary action by the Company "outside of the agreed Grievance & Disciplinary Policies and Procedures". The worker states that, having sought to have the Company apply those agreed procedures, the Company's response was that the matter was "much more fundamental than any disciplinary procedure" and that it would not be using the procedures in this case. Consequently, on the grounds of fearing for his continued employment, the worker referred the issue to the Labour Court for investigation.
The Company's response to the worker's claim is that he is part of a concerted, orchestrated breach, by a number of drivers who are members of a breakaway group, the Irish Locomotives Drivers Association, of the agreement A New Deal For Locomotive Drivers, which has been entered into by the Company and the licensed trade unions representing locomotive drivers within the Company. Accordingly, the Company maintains that the worker's actions constitute a "sundering of his employment relationship which can only be reconstituted by a clear and unambiguous commitment to work fully in accordance with our agreements", and are not, therefore, appropriate to normal disciplinary procedures.
The Court carried out its investigation into the dispute on the 9th October, 2000.
RECOMMENDATION:
While the parties, in their written and oral submissions, outlined in detail a complex background to this case, the issue for consideration by the Court is a claim by this employee that he is, unfairly, being precluded from the normal disciplinary procedures.
The Court, having considered the written and oral submissions made by the parties, recommends that the Company apply the normal disciplinary procedures in this case.
Signed on behalf of the Labour Court
Finbarr Flood
17th October, 2000______________________
MK/MKChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.