FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NATIONAL BUS & RAIL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Supervisors to be put in charge of DART drivers at Bray station.
BACKGROUND:
2. The Unions submitted a claim for the appointment of supervisors to the DART train drivers' depot at Bray station. The Unions argue that Depot Controller has, through custom and practice down through the years, come from the train drivers grade.
Management rejected the claim and stated that there was no need for such posts in Bray as the Station Master, Chargehand and clerical support was more than adequate to deal with the current situation.
As no agreement was possible between the parties, the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 8th of January, 2002, but no agreement was reached. The dispute was referred to the Labour Court on the 17th of January, 2002, under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 26th of March, 2002.
UNIONS' ARGUMENTS:
3. 1. It would greatly improve the running of the DART system and improve efficiency, if more supervisors were appointed to Bray station.
2. There is a requirement for the Depot Controller to directly supervise drivers signing on. This is a requirement by the Department of Transport for safety reasons.
3. There have been times when trains have had to be cancelled because of a lack of direct supervision. The appointment of additional Controllers at Bray station would solve this.
4. The supervision of DART drivers is a technical type of work which only drivers are equipped to do.
5. It would not be possible for the Station-master in Bray to supervise drivers signing on at all times in view of his heavy workload.
COMPANY'S ARGUMENTS:
4. 1. The Company accepts that there is an increase in administration at Bray station and a need to ensure a greater capacity in the Station Master's role. This is being catered for by the recruitment of an additional Clerical Officer.
2. The supervisory situation in Bray with a Station Master, Chargehand and Clerical support is more than adequate to deal with the current situation.
3. The cost involved in recruiting and appointing additional Controllers cannot be justified where satisfactory supervisory structures already exist.
4. The opening up of promotional opportunities across the Company allows DART drivers access to a full range of promotional opportunities.
RECOMMENDATION:
The Court is not satisfied that there is an operational requirement for an additional Depot Controller at this time. Accordingly, the Court does not recommend concession of the Unions' claim.
The Court is conscious of the need to provide Drivers with opportunities for career progression. It is, however, noted that two additional Controller posts have recently been created.
The Court notes that the Controller grade was one of a limited number of grades to which drivers could aspire to in the past. Within new agreed arrangements, a significantly broader range of promotional opportunities are now available to the driver grade. The Court recommends that within these new arrangements, the parties should put in place such arrangements as are necessary to ensure that drivers are enabled to complete on equal terms with other qualified staff for these promotional posts as they arise.
Signed on behalf of the Labour Court
Kevin Duffy
28th March, 2002______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.