ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006317

Parties:

Complaint(s):

Date of Adjudication Hearing: 27/02/2017

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

It was submitted on behalf of the claimant on no less than 8 occasions throughout this work pattern there are breaches to , the minimum 11 consecutive hours rest period in each period of 24 hours as stated within the working Time Act 1997. The claimant made it known to his immediate supervisor the breaches in the rest periods shortly after taking up the position. The claimant initiated a grievance complaint on the 9th August 2016. The claimant is seeking assistance to achieve rest periods complaint with The Organisation of Working Time Act 1997. The claimant is not attempting to change other staff employees working patterns.

The respondent submitted that in 2000 New Deals were agreed for all employees, including Depot Staff in the Company. When accepted each individual group was required to negotiate rosters that were agreed by collective negotiations in each location. Since the roster was introduced in Cork a number of staff have been promoted into other positions. A number of these vacancies have been filled ,however with the changing business needs some of the positions that were required previously are no longer necessary. The claimant after a period of absence was deemed not fit to resume his original job, however he could resume duty in another capacity. The claimant commenced working with the depot January 2016. The claimant raised individual grievances in relation to his working arrangements in August 2016., The respondent stated that there have been a number of engagements with staff representatives in Cork to agree a new rosters. This culminated in a meeting with two representative Trade Unions and the District Manager on the 15th February 2017

The respondent stated that the current roster is compliant with the current deal for station operatives

S.I.N0 21 of 1998, as amended by S.I.N0 817 of 2004 allows for exemptions where employees are involved in transport activities

A new 20 person roster had been agreed in principle however the Trade Unions are refusing to negotiate on the matter until 3 vacancies are filled.

It is anticipated that this process should be completed by June 2017 and negotiations on a new roster arrangement will be completed by mid-July 2017.

Concession of the claimant’s claim would result in other Staff seeking the same consideration making the current rostering arrangement unworkable.

Findings

Complaint received on the 2^nd December 2016

Both parties made written and verbal submissions at the hearing.

I find that the current roster arrangements were negotiated by both Trade Unions and agreed.

I find that based on the submissions that negotiations are currently taking place between the parties to establish a new roster arrangement.

I find that the Schedule to the Organisation of Working Time (General Exemptions) regulations 1998(S.I.N0 21 of 1998)is amended in Paragraph 3 (b)

I find that the Schedule to the Organisation of Working Time (General Exemptions) regulations 1998(S.I.N0 21 of 1998)is amended in Paragraph 3 (b)

3. (1) Subject to paragraph (2) of this Regulation, each of the activities specified in the Schedule to these Regulations is hereby exempted from the application of sections 11, 12, 13, 15 and 16 of the Act.

(2) The exemption shall not apply as respects a particular employee if he or she is not engaged wholly or mainly in carrying on or performing the duties of the activity concerned.

SCHEDULE

1. An activity consisting of, or connected with, the operation of any vehicle, train, vessel, aircraft or other means of transport (whether of goods or persons) other than any activity of a person holding a position of an administrative, managerial or clerical nature that is not directly related to the operation of such a means of transport.

2. An activity that is carried on—

(a) for the purpose of the transport timetable, that is to say an activity that is carried on for the purpose of ensuring the continuity or regularity of any service which provides a means of transport referred to in paragraph 1 of this Schedule, or

(b) for the purpose of ensuring the safety of such a means of transport,

other than any activity of a person holding a position of an administrative, managerial or clerical nature that is not directly related to the doing of the things required to be done for either such purpose.

I find in relation to the claimant’s complaint that employees specified in Regulations 6 and 8 of these Regulations shall be exempt from the applications of section 11, 12 and 13 of the Organisation of Working time Act 1997 which deal respectively with daily rest, rest intervals at work and weekly rest, subject to being granted adequate rest or equivalent compensatory rest. I find that based on the discussion at the hearing that negotiations are taking place between the relevant parties on new rosters and that these should be completed by the end of July 2017. On that basis, I am making the following

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. I find the complaint is not well founded and falls.

Dated:   23^rd May 2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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