FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD NA MONA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Operation of double rake system on Sundays.
BACKGROUND:
2. In June, 2000, agreement was reached between the Company and the Union on the implementation of a double rake system on transport at the Blackwater Works, Shannonbridge, Co Offaly. This dispute concerns the interpretation of the agreement. The Company claim that they have a right to introduce the double rake system on a Sunday. The Union claim that no such condition is contained in the agreement.
The matter was the subject of local discussions but no agreement could be reached. The matter was referred to the Labour Relations Commission and a conciliation conference took place on the 16th of October, 2001.
As the parties did not reach agreement, the dispute was referred to Labour Court on the 6th of November, 2001, under Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on the 4th of April, 2002, in Tullamore, Co Offaly.
UNION'S ARGUMENTS:
3. 1. The Labour Relations Commission document does not give management "carte blanche" to introduce double rake system on Sunday.
2. The bonus system is based on a six day operation. The compensation formulae for seasonal employees only addresses losses over a 6 day operation.
3 It is timely, because of the two new power stations which are to be built, that rail transport activities are reviewed in their entirety - rather than on a piecemeal basis.
COMPANY'S ARGUMENTS:
4. 1. In all other "works" locations where the same system is in place, there is no question of operating on a different basic on a Sunday.
2. The issue of the operation of the system on Sundays was not raised at any of the previous negotiations.
3. It does not make any sense that the system of transport operations would be any different on a Sunday than for the other six days of the week.
RECOMMENDATION:
While the wording of the agreement arrived at in conciliation may be capable of more than one viable interpretation, it clearly envisaged the operation of a Double Rake System on Sundays.
The Court recommends that the parties should now agree to the introduction of this system on Sundays. The management should seek volunteers to work the Double Rake System on Sunday in the first instance. If sufficient volunteers are not available, the Company should be entitled to roster to meet operational requirements.
The Court further recommends that the Company should accept the Union's proposal to review the entire transport system in light of the requirements of the two new generating stations.
Signed on behalf of the Labour Court
Kevin Duffy
16th April, 2002______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.