FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN BUS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NBRU DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. 500 Approx Bus Drivers
BACKGROUND:
2. The Harrristown Bus Garage was built to provide facilities for 150 additional state funded buses with a capacity for a further 200 buses as there is no longer any room at the other 6 Bus Atha Cliath depots around the city. The garage opened in October 2004 following Labour Court Recommendation LCR 17990 and since then there have been ongoing discussions regarding scheduling arrangements. The two Unions want the start, break and finish to occur at the garage, while the Company want some of the routes to start, break and finish in the city centre. The Unions members have continued to reject this option leaving some new buses to remain unused and leading to a surplus of 60 staff.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 19th September, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th September, 2007.
UNION'S ARGUMENTS:
3. 1. When negotiating the opening, all starts breaks and finishes were to occur at the garage, routes were chosen or rejected on this basis, a fully equipped gym, restaurant and Credit Union offices was made available to the drivers.
2. Since the opening drivers have developed a lifestyle that has evolved around the depot, as its location near the M50 and M1 allows them to easily calculate the time needed to arrive and start at the garage.
3Drivers who moved to Harristown did so with the clear understanding that it was a self containedout of city depotsimilar to the status ofSkerries and Bray where the distance from and difficulty of getting into the city is recognised and starting, breaking and finishing occur at the garage.
COMPANY'S ARGUMENTS:
4. 1. The issue of starts breaks and finishes at the city centre only became a matter of contention 10 months after discussions commenced. Harristown Garage is subject to the same agreement as the other six garages, in that starts breaks and finishes can occur in the city centre or at the Garage.
2. The delay in implementing the new services with the additional buses and staff is having a significant impact on revenue.
3.Failure in introducing the new schedules is damaging the reputation of the
Company and causing great hardship to potential customers in new developing
areas of the city.
RECOMMENDATION:
The Union's claims in this case are based on an agreement which they claim was concluded for Harristown Garage, providing that all services out of the location would start, finish and break at the garage. This agreement was not reduced to writing and the Company do not accept that any such terms were agreed.
It is, however, agreed by all parties that a Company wide agreement exists which provides that in respect of all services starting, breaking and finishing can be at the garage or the city centre. This agreement is not limited to any particular location and the Court is satisfied that its terms apply to Harristown Garage on the same basis as it applies to all other locations.
The Court notes that proposals were agreed at conciliation which took into account the concerns and reservations of those concerned. Those proposals are, in the Court's view, fair and reasonable. The Court believes that they should be accepted subject to the modification that the operation of the agreement as they relate to the travelling time scheduled be reviewed after it has been in operation for a period of not less than six months.
Signed on behalf of the Labour Court
Kevin Duffy
22nd October, 2007______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.