FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BUS EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Change of routes.
BACKGROUND:
2. Bus Eireann is responsible for the transportation of 3,300 children every school day. School bus drivers work in the region of 24 per week 36 weeks of the year, in line with daily school hours and the school year calendar. In November 2002 a new school opened in Tubbercurry taking over from two other schools in the area. As a result the operating schedules for 5 local part-time school bus drivers were shorter than their existing schedules.
The issue, which concerns the loss of earnings incurred by the 5 part-time school bus drivers, was referred to the Labour Court on the 16th February, 2004 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 28th October, 2004.
The Union agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The Company unilaterally imposed the change in the drivers' conditions of employment without any discussion with the Union.
2. The Company sought to apply internal procedures pertaining to the Company despite the fact that they themselves ignored fair procedures.
3. The workers concerned have sustained a serious loss of earnings and should be compensated for the loss suffered to date.
COMPANY'S ARGUMENTS:
4. 1. Clause 2 of the National Agreement for part-time school bus drivers clearly states that when driving time as per timetabled service is reduced then the weekly pay of the driver will also be reduced. This is subject to a minimum weekly payment for drivers who work less than 21 hours.
2. The Contract of Employment states that 'in such situations where earnings are reduced compensation for the loss is not afforded'.
3. All the drivers affected by the proposed changes were advised in writing three weeks before the changes were due to take place.
RECOMMENDATION:
In disputes such as that before the Court the normal and agreed practice is that the issues would be processed through internal procedures before the Court would be involved. These internal procedures were not utilised in this case but the Company are, nonetheless, agreeable to having them investigated by the Court in this referral. On that basis the Court agreed to proceed to investigate the dispute and make a recommendation.
The circumstances in which working hours are changed consequent on alterations in routes is covered in an agreement between the parties. In the Court's view this agreement should be adhered to by all parties and nothing in this recommendation should be interpreted as departing from the terms of that agreement. There are, however, significant features of this case which give some merit to the Unions claim.
It is noted that there was a level of consultation with the staff concerned on the impending changes but the Court is not satisfied that the impact of the change on earnings levels was fully or adequately explained. In light of the length of time in which the employees concerned had maintained their level of earnings the Court believes that this failure on the part of the Company was unfair.
In all the circumstances of this case, and on a wholly exceptional basis the Court recommends that each employee concerned be paid compensation in the amount of €500 in full and final settlement of this claim. This recommendation is made in the exceptional circumstances of this case and on the basis that it will not have precedent value and will not be relied upon or quoted in any furtherance of any other claim in the future.
Signed on behalf of the Labour Court
Kevin Duffy
15th November, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.