FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BUS EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NBRU DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. (1) Entry Into Wage Grade Pension Scheme, (2) Entry Into Welfare / Sick Pay Scheme and MD Cover, (3) Payment For School Holiday Lay Off Period, (4) Compensation For Loss Of Earnings.
BACKGROUND:
2. The case before the Court concerns four issues being pursued by the Union for its members. The issues are; entry into a wage grade pension scheme, entry into a welfare/sick pay scheme, payment for school holiday periods when laid off and compensation for loss of earnings. The Workers concerned are part-time school bus drivers. There have been several engagements between the parties regarding the issues over the last number of years. It is the Unions contention that the Company has no serious commitment to the Workers concerned and sees them as second class employees. The Company argues that it cannot concede the Unions claims due to its financial position and the serious threat at present from potential competitors for the School Transport Scheme.
The dispute could to be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement could not be reached, the dispute was referred to the Labour Court on the 24th September, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th March, 2010.
UNION'S ARGUMENTS:
3. 1 There are a number of pension schemes in the country that have provisions for part-time workers to be members. The Company had previously made commitments on this issue but have since reneged.
2 The Workers concerned are the only group of Workers within the Company who don't have access to the Welfare/Sick Pay Scheme and Medical Doctor Cover. The workers cannot understand that despite their diligent service to the Company they continue to be excluded from the Scheme.
3 When schools are closed Teachers are paid. School bus drivers are not. This means that the school bus driver has to face the Social Welfare Office during school holidays at Summer, Christmas and Easter. It is the Unions view that they should be paid for school holidays as are teachers.
4 A reduction in the worker's roster has the effect of reducing their earnings even further. There is no formula in place to compensate drivers in the event of a reduction in roster hours. The Unions are seeking a loss of earnings mechanism be applied for such reductions.
COMPANY'S ARGUMENTS:
4. 1 The Company cannot consider the admission of a potentially large number of new entrants to the pension scheme, thereby increasing the liabilities on the existing members and the deficit in the fund. It is also not possible for Workers who do not work standard hours to be entered into the pension scheme due to its inflexible nature.
2 The Company's position regarding entry to the Welfare/Sick Pay Scheme and Medical Doctor Cover is based on the increased costs involved.
3 The Company could not contemplate payment for time not worked during school holidays. The Company operate the School Transport Scheme on behalf of the Department of Education and Science. Public money is used to fund the entire scheme.
4 The contract of employment for the part-time school bus drivers reflects the nature of school transport services which requires necessary flexibility to add to or reduce hours as the Department may request.
RECOMMENDATION:
The Unions submitted four claims before the Court on behalf of Part-Time School Bus Drivers. Having considered the oral and written submissions of all parties, the Court recommends as follows:
•Entry to CIE Pension Scheme for Regular Wages Staff
The Court recommends that Part-Time School Bus Drivers should have access to the“CIE Pension Scheme for Regular Wages Staff”and recommends that the Company should made the necessary arrangements to vary the Scheme in accordance with the provisions detailed on page 5 for the Scheme. The Court recommends that the Scheme should be applied in accordance with it's provisions effective from the date of this Recommendation.
•Entry to the CIE Welfare Scheme for Regular Wages Staff
The Court recommends that Part-Time School Bus Drivers should have access to the CIE Welfare Scheme for Regular Wages Staff. The Court notes that the Part-Time School Bus Drivers are committed to paying the annual contribution which is currently just under €100.00 per annum. The Court recommends that the Scheme should be applied in accordance with its provisions effective from the date of this Recommendation.
•Payment for School Holiday Lay Off Periods
The Court does not recommend concession of this claim.
•Compensation for Loss of Earnings
This issue arises where there is a necessity to change the working hours of the Driver. The Court notes that the contract of employment provides that“if your driving time is reduced, your weekly rate of pay will be reduced accordingly subject to the minimum weekly payment of 21 hours”.
The Court does not recommend concession of compensation for loss of earnings in such circumstances. The Company accepted that the procedures allow for communication and notification prior to such changes taking place and has committed to ensure that the Part-Time School Bus Drivers receives seven days notice of implementation of changes in their working hours.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd March, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.