FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN BUS (REPRESENTED BY DUBLIN BUS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NBRU DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Issues arising from LCR No. 19027
BACKGROUND:
2. The Court held an investigation into issues that arose from Labour Court Recommendation No. 19027. The following is its recommendation.
RECOMMENDATION:
This Recommendation is issued supplemental to Recommendation LRC19027 and is intended to address issues in relation to the implementation of that Recommendation.
The Court met with the parties on Saturday 17th November and considered a number of issues which, it is claimed, constitute an impediment to the implementation of the new services from the Harristown Garage proposed by the Company.
In the course of these meetings the Unions’ indicated to the Court that their members remain of the view that an agreement was concluded which provided for all services operating out of Harristown starting, breaking and finishing at that Depot. That matter was fully argued by all parties in the course of the Court investigation held on 24th September 2007. Having considered all of these arguments the Court issued Recommendation LCR19027. The Court remains of the view which it expressed in that Recommendation.
In relation to the other issues raised by the Unions the Court recommends as follows: -
- Clause 1 of LRC Proposal dated 11th September 2007.
It was indicated to the Court that the guarantees provided by this clause may not provide a sufficient safeguard for staff recruited prior to 1st January 2007 against future unilateral changes in their current starting, breaking and finishing arrangements.
The Court is firmly of the view that the relevant clause, which was endorsed by the Court, contains a firm and binding commitment that the starting, breaking and finishing arrangements for staff assigned to the routes referred to in that clause will not be changed without consultation and agreement with the Trade Unions. If any proposal for a change in the current arrangements on those routes arises in the future it will be solely for the Unions to determine the appropriate decision making process to be utilised.
Accordingly it should be clearly understood by all parties that there can be no unilateral change in the current starting, breaking and finishing arrangements of staff covered by Clause 1 of the LRC Agreement.Travelling Time
In the course of the Court’s previous engagement in this matter it was neither suggested nor contemplated that the introduction of the new services from Harristown would result in any worker employed on the new service being required to work extended hours. The Court would regard any such consequence as being wholly unacceptable.
The Company are adamant that the travelling time allocated on the routes will be adequate and will not result in the consequences suggested by the Unions.
The Court recommends that the service should proceed immediately on acceptance of this Recommendation as proposed by the Company. However within two weeks the rosters published should be adjusted so as to provide that the 45 minutes travelling time proposed by the Company be increased to 50 minutes in the case of the route 4A and 55 minutes in the case of the route 128.
However the position can only be definitively established after the service is operational for a reasonable time. Accordingly if difficulties arise in relation to the adequacy of the allocated travelling time the matter may be referred back to the Court after a period of three months. The Court will then investigate and recommend further on the matter.Staffing of New Routes
The Unions put forward proposals whereby the Company should seek volunteers from spare staff and staff outside of Harristown in accordance with clause 6 of the LRC Agreement of September 2007. They proposed that subject to sufficient volunteers that this arrangement should allow for a reduction in the number of drivers recruited after 1st January 2007 who would be compulsorily required to work the new routes.
In the Court’s view this proposal has merit and should be explored further between the parties having full regard to the operational requirements of the Company.Route 4.
Until such time as the Company replaces the equivalent number of Harristown break, start and finish duties to those taken from route 4 as a result of the introduction of route 4 / 4A schedule the Company should if required carry an equivalent spare staff.
Changing Over Point on Route 128.
The Court recommends that discussions take place between the parties on the changing-over points for route 128, in accordance with normal practice.
The Court recommends that the points set out above be accepted in settlement of the current dispute and that normal working be resumed immediately.
Signed on behalf of the Labour Court
17 November, 2007______________________
DNKevin Duffy
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.