FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BUS EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION TRANSPORT SALARIED STAFFS' ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Compensation for change in work practice.
BACKGROUND:
2. This dispute concerns a claim by the unions on behalf of 268 clerical staff. The Unions contacted the Company in September, 2000, in connection with the erosion of the relative values of the clerical and executive grade salaries. Discussion took place locally but no agreement could be reached. The matter was the subject of a conciliation conference under the auspices of the Labour Relations Commission but no agreement was reached.
The matter was referred to the Labour Court on the 5th of April, 2002, under Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on the 25th of April, 2002.
RECOMMENDATION:
The Court notes that there is a long-standing and well established linkage between the pay of Clerical Grades employed by each of the companies in the CIE Group. It is further noted that the Company's offer is intended to maintain that pay linkage. In the Court's view, the current linkage has proved satisfactory over time. No sustainable case has been made to the Court for its abandonment in favour of an alignment with an internal grade with which there has been no previous pay relationship.
The Court, therefore, recommends that the Unions accept the Company's offer of a 15% increase, offset by the 5% already paid.
With regard to the productivity items sought by the Company, the Court recommends as follows:
Five over Seven Day Working
This should be confined to those who presently work on a six or seven day pattern. In implementing this provision, regard should be had to the circumstances of individuals for whom five over seven day working could give rise to domestic or other problems. A liability to five over seven working should be a condition of all new staff.
Fortnightly Pay
This proposal should be accepted. (see recommendation 11 below)
Transfer to EFT system
This proposal should be accepted.
Staff Mobility/Flexibility
The position put forward by the Unions to provide for mobility/flexibility within an employees existing work pattern should be accepted, i.e. 5 day working flexibility limited to 5 days.
Expenses
The Unions' claim should be conceded.
Annual Leave
Current annual leave entitlements are in line with those of comparable staff in other companies within the group. The Court does not, therefore, recommend concession of the Unions' claim.
Overtime
The Court recommends that overtime currently paid at time and one quarter should be paid at time and one half. The Court further recommends that the current arrangements whereby overtime is paid two weeks in arrears should be changed to one week in arrears.
Superior Duty
This should be payable after a period of one week acting in the higher post.
Income Continuance
The circumstances giving rise to the introduction of a subsidy payment to Drivers and related grades do not apply to the grades affected by this claim. The parties should however explore the possibility of introducing a jointly funded income continuance scheme, at reasonable cost.
External Recruitment
Where promotional vacancies arise, the Company should first seek to have them filled by internal competition. If there are no applicants or no suitable applicants, the Company should be free to recruit externally.
Where the Company decides to recruit externally it should consult with the appropriate Trade Union(s). Such consultation should take place within two weeks of the outcome of the internal competition.
Lump-Sum
The Court recommends that a lump-sum of €1,000 be paid to all staff associated with this claim. This payment should take account of the change to fortnightly pay and should be paid in the last pay week before the introduction of fortnightly pay.
Retrospection
The outstanding increase of 10% should be paid retrospective to 1st August 2001.
Except where otherwise stated the adjustments recommended should take effect from the date of acceptance of this recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
04th July, 2002______________________
HMCD/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.