FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NATIONAL BUS AND RAIL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Claim for pay increase for operation of 8 car DART trains.
BACKGROUND:
2. The Unions are in dispute with the Company in relation to a claim on behalf of DART drivers for an increase in basic pay arising from the Company's proposal to introduce 8 car DART trains. The DART has been in operation since July 1984. During discussions in 1983, the Unions has sought significant pay increases in respect of the introduction of the DART and the responsibility involved. One of the reasons the Unions accepted a 20.5% increase was at the time the number of units being operated was a maximum of 6 cars. If the Company envisaged that they would operate a maximum of 8 car units it would be the Unions view that they would have sought a higher increase at this point in time (around 30%). The Company hopes to be in a position to introduce the 8 car DART trains before the end of the year upon completion of the extension of all the platforms on the Dublin Suburban.
The dispute could not be resolved at local level and was the subject of a conciliation conference on the 11th February, 2005 under the auspices of the Labour Relations Commission. The Unions claim that when the DART was introduced in 1984 it was on the basis of 2,4 or 6 car DART trains. There was no provision for an 8 car DART. As agreement was not reached, the dispute was referred to the Labour Court on the 17th February, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st June, 2005.
UNION'S ARGUMENTS:
3.1 An increase in the number of DART units from 6 to 8 car trains on the completion of the extension of all the platforms on the Dublin Suburban will have a significant impact and put extra responsibility on drivers.
2. In the case of a failure situation the requirements of DART drivers will be more onerous on increasing from 6 piece to 8 piece, i.e. 6/4 doors problems.
3. 8 piece DARTS will dramatically affect disposal and pre-entry into service examination. There is an allotted time of 19 minutes per unit with 30 units at present. This will significantly increase with the introduction of 8 piece DARTS.
4. 8 piece DART units will provide extra capacity and a combination of additional stations and this will bring about extra productivity on behalf of the DART drivers plus extra revenue for the Company.
COMPANY'S ARGUMENTS:
4.1 This is a cost increasing claim and precluded under Sustaining Progress.
2. The move to an 8 car service is aimed at meeting the needs of our customers and must reflect on the pay elements of Sustaining Progress which provide for ongoing change and productivity.
3. Diesel powered train drivers outside the DART environment have for some time now operated 8 car trains sets on long distance commuter services outside the Dublin area. This was achieved without any resistance or any cost increasing claim on the part of the wider group.
4 A previous Labour Court Recommendation LCR 16593 acknowledged that additional concession "would result in repercussive claims from others................with the result that concluded agreements would unravel".That concern remains as real today for the Company as it did in 2000.
RECOMMENDATION:
The Court having considered the oral and written submissions of the parties, is of the view that this matter is comprehended within the change process agreements and the Court Recommendations associated with those agreements. Accordingly, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
9th_June, 2005______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.