FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BUS EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NBRU DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Pay
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 15 November 2018 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23 January 2019.
RECOMMENDATION:
The Court is aware of recent pay history within the company and of the background to and content of Recommendation number 21438. Against that background the Court has given very careful consideration to the written and oral submissions of the parties.
The Trade Unions have sought increases in pay and the company has indicated a willingness to positively address pay against the background of agreement on a range of matters which, in the view of the company, are required to ensure that any upward adjustment in pay is sustainable into the future.
Taking the entirety of the submissions of the parties into consideration therefore the Court makes the following recommendation:
That the parties should make a three year pay agreement providing as follows:
1. Upward adjustment of pay of 2.75% on 1stJanuary 2019
Upward adjustment of pay of 2.5% on 1stJanuary 2020
Upward adjustment of pay of 2.5% on 1stJanuary 2021
2. Any proposal as regards accrued annual leave to be dealt with through normal procedures in a format which encompasses all affected employees including drivers.3. Saturday working to be as required by customer and timetable requirements. The Company to roster work in each depot in a fair and equitable manner.
Sunday working to be on the basis of 2 in five (3 in 5 at out based locations where required). The parties to review these arrangements six months after implementation against cost and operational considerations.
4. Driver’s scale for new entrant staff to extended as follows:- Year 1 and 2: €17.37, Year 3 and 4: €18.38, Year 5 and 6: €19.20, Year 7 + €20.11.5. Self-certified illness should extend to 2 self-certified days per half year with only one to be taken on a Saturday or Sunday.
6. New technology including the introduction of on-board telematics to be as per earlier Labour Recommendation. The parties should engage to agree an eco / customer experience driving performance related scheme to replace the safe driving award. The new scheme to have no lesser potential value to the driver than the current scheme. The current scheme to remain in place until replaced by an agreed replacement.
7. Payroll should move to e-payslips with payment of weekly wages on Fridays and e-payslips being available on Thursday afternoons.
8. The central scheduling process as outlined in the earlier Labour Court Recommendation will remain in place with full co-operation with the implementation of punctuality reviews, network changes, timetable changes and all service enhancements.The parties to engage locally on these matters over a six-week period. Any unresolved issues following that engagement to be referred to a joint scheduling tribunal with an independent chairperson.
9. Drivers to be paid for actual average weekly rostered hours worked. The company to endeavour to produce weekly roster averages of above 39 hours per week subject to the availability of work in each location. Minimum weekly average to be guaranteed at 36 hours which, the Court understands, will be conducive to facilitating the introduction of a four day working week.
The Company to top up from average weekly roster hours of 36 to 39 hours or above where there is no other driving work in the depot
Arrangements in outbased locations to remain as is.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
MK______________________
20 February 2019
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.