FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN BUS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NATIONAL BUS & RAIL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Company's cost containment plan
BACKGROUND:
2. The dispute, which concerns a number of issues, was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 25th March, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st March, 2009. The following is the Court's recommendation:
RECOMMENDATION:
The Court notes that extensive proposals were made by the Labour Relations Commission for the resolution of this dispute. While these proposals were not accepted by the Unions they remain, in the Court view, an appropriate and reasonable response to the difficulties faced by the Company. Nevertheless, having considered the submissions made by the parties, the Court believes that these proposal should now be modified in line with the recommendation which follow: - (Note: the numbering in these recommendations refers to the numbering of the LRC proposals)
2. Organisation of Working Time Act 1997. / Directive 2003/88/EC / Directive 2002/15/EC.
The Court fully agrees with the Company’s stated position that the working time directive must be implemented immediately, however the following conditions should apply to the L.R.C proposal(a) Initially the six-week rota should be adjusted to provide for one late Sunday per driver in the cycle. This will reduce by 50% the number of Sunday duties proposed by the Company to be covered by this category and therefore reduce the impact on available resting drivers. Duties covered on rest day working must be in compliance with the Directive. In the event that insufficient volunteers make themselves available to work their rest day the Company should be free to revert to the initial proposal of working two late Sundays in the six week rota.(b) A monitoring group consisting of the following
•2 x N.B.R.U. representatives
•2 x S.I.P.T.U representatives
•2 x Company representatives
•1 x Independent Chairmanshould be formed three months after the implementation of the Working Time Directive to monitor the impact of rest day working, staff ratios for 5 week rota, 6 week rota and 4 day week rota, the number of Sundays worked by the 6 week rota, and any other issues that arise as a result of the implementation of the Working Time Directive.The monitoring committee should make recommendations on these issues as they arise but not later than December 31st 2009. If the committee fail to reach agreement the matter can be referred back to the Court for adjudication.
3. Reduction of 120 buses.
The Court recommends that due to the serious financial position of the company and the weekly losses incurred as a result of the delay in introducing the Company’s cost effectiveness plan, service reductions should commence without delay. These service reductions should commence on a phased basis. However all service reductions should be complete by April 26th, 2009. Such changes should be implemented even if agreement cannot be reached by that date, and any areas of disagreement dealt with after implementation.5. Shift rates.
The court recommends that there should be no change in the current shift pay arrangements.6. Travelling time.
In addition to the L.R.C settlement terms, the Court recommends that instead of total elimination of travelling time, 50% of current travelling time should be incorporated back into schedules. The remaining 50% can be reviewed after a period of two years. For the purposes of clarification the three larger depots are Donnybrook, Phibsboro and Harristown.8. Schedule Efficiency.The Court recommends that the company should be free to build into a duty work on a maximum of one other route operating from the same garage providing it operates along the same corridor and operating along the same common corridor. This route should be identified and incorporated within the schedule, as appropriate.Euro Duties.
(Appendix D).
11. Paid Break.
The court recommends that drivers breaking late will be paid for actual late breaking time, or can if they wish take their full break.The LRC proposal, as amended by this Recommendation, should be acceptedSigned on behalf of the Labour Court
Kevin Duffy
1st April, 2009______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.