LCR21503

FULL RECOMMENDATION

CD/17/138

RECOMMENDATIONNO.LCR21503

CCc-161732-17

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

DUBLIN BUS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL BUS & RAIL UNION

DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Marie
Worker Member: Mr Shanahan

SUBJECT:
1. A claim by the Unions for an extra daily payment for Airlink driver duties.

BACKGROUND:

2. This dispute relates to a claim by the Unions for an extra daily payment of €17.50 to be made to approximately 50 drivers on the Dublin Airlink Services.

This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 16 May 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on the 29 June 2017.

RECOMMENDATION:

The matter before the Court concerns a claim by the Unions for an extra daily payment of €17.50 to be made to approximately 50 drivers on the Dublin Airlink Services, similar to that paid to Tour Drivers, City Tour Drivers and Costal Tour Drivers. The Unions submitted that the drivers carry out additional duties over and above those of drivers on regular services as follows:-

•handling cash, accountable for large amounts of cash and responsible to make up the shortfall due to any errors that may arise;
•responsible for managing different ticketing systems - bus tickets, tour tickets, e-vouchers etc.;
•due to the nature of the service they have a high level of interaction with customers;
•rosters cover approximately 22 hours per day, longer than any other drivers;
•required to work a full service on Christmas Eve and on New Year’s Eve, when other drivers are not.

The Company disputed the claim and contended that it was debarred by the terms of the agreement reached on 29^thSeptember 2016 between Dublin Bus and the Group of Trade Unions, under the auspices of the Workplace Relations Commission, (hereinafter called The Agreement). The Agreement as Clause 8 states the following:-

“The parties agree that no further cost-increasing claims will be made by the trade unions during the lifetime of this agreement and that the Company will not propose any measure that will adversely affect employee’s terms and conditions.”

Nevertheless, the Company sought to change the recruitment and selection process for the Airlink Services and to choose drivers based on the competencies required for the role. In return for this proposal the Company was willing to offer a (non-specified) payment to the Claimants. However, the Unions strongly opposed this selection proposal as the current arrangements provide for an element of seniority to apply. The Unions contended that as seniority has been the agreed method for selection, they were not prepared to vary it as it could set a precedent and introduce significant changes to the agreed structures within the Driver grade.

The Agreement is a three year deal between the parties, having retrospective effect from 1^stJanuary 2016 and will expire on 31^stDecember 2018.

The Court is satisfied that the terms of the Agreement precludes the Court from making a recommendation on the matter. In circumstances where the Court’s role is to uphold agreements freely entered into by both sides, if the parties wish to vary the Agreement it behoves them to engage accordingly.

The Court so Recommends.

Signed on behalf of the Labour Court

Caroline Jenkinson
CR______________________
30 June, 2017Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.