FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CONOCO PHILLIPS - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION AMICUS SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Subsidised Bus Transport
BACKGROUND:
2. Conoco Phillips is an international, integrated energy company with its headquarters in Houston Texas. During 2005 a joint cost efficienty working group made up of Union Representatives and Management at Whitegate Refinery was set up. The main purpose of this group was to consider a number of subjects including the cost of transport to and from the refinery. Talks eventually broke down on the issue of the amount of the Company subsidy that would be payable into the future.
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 30th January, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th March, 2008.
- 3.UNIONS' ARGUMENTS:
- 1. The subsidised bus service provided for Staff, Operations and Craft grades dates back to the 1950s and is therefore an integral part of the Unions' Members' terms and conditions of employment.
2. Whitegate is 24 miles from Cork city and 12 miles from Midleton, the nearest urban centres. The first regular CIE passenger bus leaves Cork city at 09.30 hours via Midleton to Whitegate while Process and Craft grades begin their shift at 08.00 hours and Administration grades start at 08.40 hours, thus leaving the Company with no other option but to continue a transport service.
- 1. Up to January 2008 the Company arranged to have two 50-seat buses deliver employees to the refinery at 08.00 and 08.40 hours and three 50-seat buses to collect each evening and a smaller bus at 20.00 hour to collect the late shift. On most occasions these buses had as few as two or three employees per day using the service. This service was terminated and since February, 2008 the Company has had to provide an alternative service which is even more costly than that provided by Bus Eireann.
2. This expensive/inefficient bus service has to be eliminated. The Company proposes to subsidise a new service by up to €10,000 per annum and would then consider an ex-gratia payment to regular users of the service during the years 2006 and 2007.
- 1. The subsidised bus service provided for Staff, Operations and Craft grades dates back to the 1950s and is therefore an integral part of the Unions' Members' terms and conditions of employment.
RECOMMENDATION:
The Court recommends that the parties should enter into a dialogue aimed at renegotiating the agreement in order to provide at the most efficient cost, a service to those who wish to avail of transport. The offered option of buyouts for loss of the service to those who actually use it should also be examined as part of this process, which should be concluded within four weeks of the date of this Recommendation.
Signed on behalf of the Labour Court
Raymond McGee
9th April, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.