FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Compensatory payment in respect of Kildare Rail Project.
BACKGROUND:
2. This dispute concerns a claim by Workers, who are responsible for maintaining and patrolling the line between Heuston Station and Kildare, for compensation because the line doubled from two tracks to four tracks. This 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 28th January, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3rd May, 2011.
UNION'S ARGUMENTS:
3 1 The number of staff in the Company has decreased by almost 1,500 over the last three years.
2 The Company cannot expect the Workers to take responsibility for the equivilent of an additional sixteen miles of track for no extra renumeration.
3 The Workers are seeking a payment of €1,500 in return for this extra responsibility.
EMPLOYER'S ARGUMENTS:
4 1 The additional track does not create additional responsibility for the Workers, it merely means that their responsibility is spread over a wider area.
2 In recognition of the fact that the number of tracks has doubled the Company proposed the creation of two Patrol Ganger posts.
3. The Company is not financially in a position to concede the Workers' claim.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends that the current dispute be resolved on the basis of the Company's final offer and that the situation be kept under review.
Signed on behalf of the Labour Court
Kevin Duffy
30th May, 2011______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.