ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004623

Parties:

Complaint(s):

Date of Adjudication Hearing: 30/01/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Location of Hearing: Radisson Blu Hotel Cork

Procedure:

In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background

The case before is in relation to the Zoning Allowance which is properly payable to the claimant

The claimant was certified after exams and final assessment in December 2008 as a Steam driver in 2009.

Zoning allowance

The claimant’s base is Cork and he gets paid the basic rate for working in Cork. There is an allowance if required to travel outside the base, called the Zoning Allowance. The claimant applied for the top allowance on his time sheet in January 2009 and this was declined by the local respondent manager who gave 3 reasons:

A             Steam Train was voluntary

B             Was not work attached to the Cork depot (Steam Train driving to Dublin-based),

C           No other trained driver on Steam has applied for it.

The claimant was the only driver from the 4 appointed as Steam Train Drivers not in receipt of this allowance. The Union wrote to the respondent in March 2013 requesting the Loco Drivers Monitoring Committee deal with this matter. The matter was investigated and Mr. Flynn concluded in his report that as per the wording of the agreement the entitlement to payment of the zoning allowance arises when an individual reports for duty and completes a full turn of duty at a base other than his home depot.

Accordingly, it is determined that the claimant receive zoning allowance in respect of any occasion on which he has met or, in the future meets the following condition.

The respondent submitted that in accordance with the terms of reference the decision of the Independent Chairperson is binding on both parties.

Findings

Both parties made written and verbal submissions

I find that having examined both submissions the terms of reference of the independent Chairperson are binding on both parties.

Recommendation

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute

I find that the matter has been settled by binding determination and any clarification required should be sought from the Independent Chairperson.

Jim O Connell

Adjudicating Officer

Dated:   25^th April 2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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