FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION NATIONAL BUS AND RAIL UNION TRANSPORT SALARIED STAFF ASSOCIATION UNITE TECHNICAL ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Restoration of reductions to Subsistence Allowance and Self-Certification.
BACKGROUND:
2. 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 8 March 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16 May 2017.
UNION’S ARGUMENTS:
3. 1. The Unions submit that the cost-cutting measures introduced in relation to subsistence allowances and the reduction in self-certification were temporary.
2. The Unions believe that the agreement provides for the reversal of the cuts after a period of twenty five months.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer submits that the Cost Containment Agreements do not provide for a reversal in respect of subsistence allowances and self-certification.
2. The Employer believes the reversal after a period of twenty five months relates to the foregoing of gross pay only.
RECOMMENDATION:
Having given careful consideration to the extensive submissions of all parties to this dispute the Court finds that, read together, the documents that underpin the Cost Containment Agreements marginally on balance supports the Unions’ contention that the reductions in the subsistence allowance and the level of self-certified sick leave would be reversed when the financial crisis abated.
The Court notes that the financial crisis in the Company has not yet fully abated and that other cost-increasing claims are under discussion between the parties.
In this context the Court recommends that the parties engage with a view to agreeing a timescale for restoration of self-certified sick leave and subsistence allowances.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
06 June 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.