FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN BUS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NBRU DIVISION : Chairman: Mr Haugh Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Loss of overtime in Harristown.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to the alleged loss of overtime in the Company's depot located in Harristown, Co Dublin. The dispute relates specifically to the Unions' claim that the Company has unilaterally removed regular and rostered overtime in the Harristown depot. It is the Unions' claim that members have suffered a significant loss in terms of pay, sick pay and holiday pay calculations and is seeking compensation to reflect those losses. The Employer rejects the Unions' claim, arguing that there is a clear business requirement to meet service demands on the route in question and furthermore, there are numerous remaining opportunities for its employees to avail of other overtime within the depot.
The 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 28th June, 2018, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th October, 2018.
The following is the Recommendation of the Court:
RECOMMENDATION:
The within dispute concerns the loss of regular, rostered overtime by four Dublin Bus drivers based out of the Company’s Harristown Depot. The Unions submit that the loss of the overtime concerned resulted from a unilateral decision on the part of the Company to cancel two pieces of rostered overtime covered by a 2010 local agreement without prior consultation. The Unions also submit that the loss of the regular and rostered overtime has a significant financial detriment for the drivers concerned as it impacts on sick payments and the calculation of holiday pay.
The Unions are seeking compensation for the loss in wages calculated at 1.5 times the annual loss. The Unions submit that the foregoing formula was used previously by the Company to compensate Dublin Bus clerical grade staff when the Company cancelled regular rostered overtime on the Saturday cash counting desk.
The Company submits that it took the decision to introduce the service changes that necessitated the cancellation of the regular rostered overtime pieces because customers’ needs were not being met by the existing 41C service. The Company was also at risk of being fined by the National Transport Authority for service delivery failures. It further submits that there is ample overtime available to drivers at the Harristown Depot for those who wish to avail of it on a voluntary basis. The drivers who are impacted can, therefore, in the Company’s submission, mitigate any loss of income by undertaking alternative overtime duties. The Company also seeks to differentiate the circumstances of the clerical grade staff from those of the drivers who are the subject of the within dispute as the clerical staff – unlike the drivers – had no further opportunity to undertake overtime work.
Recommendation
The Court accepts that the Company’s unilateral decision has resulted in a detriment for the four drivers concerned as the regular, rostered overtime that was previously available to them is no longer there. However, the Court also accepts the Company’s submission that there is ample alternative overtime available to the drivers, albeit that alternative overtime is not regular and rostered in nature.
Having regard to the foregoing the Court recommends that the actual loss of each driver encompassed in the claim should be ascertained and the four drivers concerned be compensated for the loss of opportunity to avail of regular, rostered overtime. The Court recommends that the compensation should be one and a half times the actual annual loss per driver.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
30th October 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.