FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - NATIONAL BUS & RAIL UNION (NBRU) DIVISION : Chairman: Mr Hayes Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Change in roster
BACKGROUND:
2. The dispute concerns a change in the roster for a number of locomotive drivers in Westport. The change involves an "early bird" service which starts at 5.15 a.m. and was introduced in November, 2009. The effect is that drivers would be expected to go out and back twice per day (a double trip) to Athlone or Roscommon. There are currently 7 drivers in Westport, an 8th drivers will be fully trained-in by the end of August, 2010, and a further two drivers are in training but will not be fully trained for approximately another year. The Union maintains that 10 drivers is the correct number for Westport. The Company's case is that the new roster, which is driven by business needs, will not involve a major increase in actual driving time - 5.5 hours- and this occurs on only 5 occasions in 35 turns of duty. The Union claims that the new roster could involve a 9.5 hours shift but the Company maintains that this comes within the scope of the "New Deal for Locomotive Drivers" (New Deal) of the National Agreement of 2000. A further issue involves Coillte wishing to run a timber train into Westport on Mondays and Thursdays and out of Westport on Tuesday and Fridays. The Union claims that this will have a major impact on the new roster. The issues were referred to the Locomotive Drivers Monitoring Committee in December, 2009.
The dispute was referred to the Labour Relations Commission (LRC) and a number of conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 15th June, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th August, 2010.
UNION'S ARGUMENTS:
3. 1. Whilst accepting that the New Deal legislates for working beyond 9 hours the vast majority of depots operate rosters up to a maximum of 9 hours. The roster in Westport requires drivers to work 9.5 hours on occasions.
2. The current shortage of drivers in Westport is dictating Company policy in relation to forcing roster change on the drivers. The Union understands that the Company intends introducing further new services to the timetable from December, 2010.
COMPANY'S ARGUMENTS:
4. 1. The actual driving time on the new rosters would be no more than 5.5 hours as drivers would travel as passengers on one of the 4 legs of the double trip. In other depots e.g. Cork, Waterford and Limerick, driving time in any given day could be as high as 7.5 hours and would involve greater mileage.
2. The Company reduced the proposed roster from 10 hours to 9.5 hours at a maximum and this is within the scope of the New Deal.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute and makes the following recommendation:-
1. At a general level, the Court is satisfied that both parties are entitled to rely on the terms of the agreement in place and that neither side can reasonable object where the other party is acting in a manner consistent with its terms.
2. In this context the Court notes and concurs with the view of the Chairman of the Monitoring Committee that the proposed roster complies with the provisions of the Union/Company agreement.
3. The Court further notes that the Company has adjusted the original 10-hour roster to provide for a total daily spread not greater than 9 hours and 30 minutes as suggested by the Chairman in his observations on this matter.
4. The Court is also satisfied that the Company is entitled to achieve the efficiencies the drivers and Unions committed to in the 2000 agreement and that this may involve the introduction of double trips, as outlined in this roster, in the interest of efficient manpower deployment. The Court notes the Company's stated intention to be sparing in its use of double trips and to prefer other arrangements where they represent an efficient and effective alternative.
5. Both sides advised the Court that there is no principled objection to the operation of double trips and that these are currently operated in this depot at the weekend. Furthermore both parties advised the Court that nine and a half hour daily spreads are not uncommon within the Company and that duties on either side of the nine hours and thirty minutes roster are in operation by local agreement.
6. Accordingly, the Company is entitled to expect the drivers to operate the roster as proposed.
7. The Court further notes, however, that the practice in the Company is for management and drivers to engage in local discussions with a view to agreeing rosters that are consistent with the terms of the agreement and that are fair to all involved.
8. In light of the imminent appointment of an additional driver to the staff of the Westport Depot the Court Recommends that the parties re-engage with a view to agreeing a roster that:-- Meets the operating demands on the depot including the prospective "timber trains" requirements and
- Can be discharged in full, including provision for normal contingencies by the 8 drivers affected.
- Is fair to all drivers in the depot.
In the interim the roster as proposed by the Company should be operated by the seven staff currently assigned to the depot.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
11th August, 2010______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.