FULL RECOMMENDATION
| CD/20/30 | RECOMMENDATIONNO.LCR22238 |
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES :BUS EIREANN
- AND -
150 MAINTENANCE STAFF
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
CONNECT UNION
UNITE THE UNION
NBRU)
DIVISION :
| Chairman: | Ms Jenkinson | | Employer Member: | Mr Murphy | | Worker Member: | Mr Hall |
SUBJECT:
1.Claim for an increase in pay and improved terms and conditions of employment.
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 22 January 2020 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place remotely on 23 July 2020.
UNION’S ARGUMENTS:
3. 1. SIPTU/Connect /Unite are seeking a pay increase of 11.25% over a three year period retrospective to 2016 in line with that paid to Drivers in Dublin Bus. 2. SIPTU/Connect /Unite are requesting that the pay increase should not be offset by any further efficiency or productivity concessions by the Maintenance staff.
3. The NBRU is seeking a pay increase no less favourably than the pay proposal and terms as contained with the WRC proposals dated 19 September 2019 which was accepted by them.
EMPLOYER'S ARGUMENTS:
4. 1. The Company is prepared to afford Maintenance staff a 2.75% pay increase with immediate effect.
2. The Company is not in a financial position to pay any further increase or retrospective payment for previous years.
3. A 2.75% pay increase to Maintenance staff will add a further financial burden on the company which will have to be funded by efficiencies and other cost reductions.
RECOMMENDATION:
The matter before the Court concerns a claim by SIPTU, Connect, Unite and the NBRU on behalf of Maintenance staff - Craftworkers and Engineering Operatives - for a pay increase and improvement in conditions of employment. It was clarified before the Court that claims relating to the consolidation of shift pay for pension purposes and for an increase in pay for Acting Foreman were not issues which were jointly referred to the Court and consequently the Court informed the parties that it could not deal with them in this Recommendation.
The Unions submitted a claim for an increase in pay in 2018. They make the point that the Claimants have not received a pay increase since 2008.
Labour Court Recommendation LCR 21438 (April 2017), which provided for a review of existing pay rates for all grades, was made in the context of the Company’s capacity to survive at the time and included cost efficiency and productivity measures.
Discussions were held on the claim at the WRC and on 19thSeptember 2019 the Company put forward a package of proposals including pay increases and efficiency/productivity measures, in line with terms which were agreed with Bus Drivers in the Company and other grades. The pay terms of the proposals were rejected by SIPTU, Connect and Unite and were accepted by the NBRU. The details of the proposals were included in both parties’ submissions to the Court. The proposals provided for pay increases, as follows:-
- Phase 1: 2.75% increase in pay from 1stJanuary 2019
Phase 2: 2.5% increase in pay from 1stJanuary 2020
Phase 3: 2.5% increase in pay from 1stJanuary 2021
The Unions (SIPTU, Connect and Unite) are seeking increases in pay without concession of further efficiencies or productivity for Maintenance staff, as conceded to similar grades in Dublin Bus i.e. 11.25% in 2016 over three-year period, The NBRU are seeking implementation of the terms of the Company’s September 2019 proposals, as accepted by that Union.
The Company told the Court that at this point the Covid19 pandemic has severely impacted all companies within the CIE Group and in particular Bus Eireann due to the national economic consequences. It outlined for the Court the difficult financial circumstances facing the Company as a result. It stated that pay increases already agreed but not implemented for other grades are now under review and pose a serious financial difficulty for the Company. However, it recognises the commitment given by Maintenance staff to the operations of the Company, particularly during this unprecedented pandemic. It stated that it is prepared to increase their pay by 2.75% with immediate effect, however, it is not in a financial position to pay any further increases as it maintained that to do so would destabilise the Company and impact on current employment levels.
Having given serious consideration to the submissions of both parties the Court is of the view that to concede the Unions’ (SIPTU, Connect and Unite) claim in the current climate would be most unwise considering the Company’s precarious financial circumstances in this unprecedented crisis. However, the Court notes that other grades within the Company have received phase one and two of the pay increases and phase three is under review.
In all the circumstances the Court recommends that Maintenance staff represented by SIPTU, Connect, Unite and the NBRU should receive increases in pay under phase one and phase two as outlined in the Company’s proposals dated 19thSeptember 2019, to include all elements of the proposals and the appropriate retrospective payment should be made without delay. With regard to phase three, the Court recommends that this should be revisited in line with all other grades.
The Court so Recommends.
 | Signed on behalf of the Labour Court | | | | Caroline Jenkinson | | MK | ______________________ | | 29 July 2020 | Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary. |
