LCR22285

1.Loss Of Earnings- Trainee Locomotive/Dart Drivers

BACKGROUND:

2.

The within dispute relates to a claim for compensation for the financial loss incurred by a cohort of thirty-two (trainee) Locomotive Drivers who are members of SIPTU
(‘theUnion’) and the completion of whose training was significantly delayed during the period for which experienced, qualified Locomotive Drivers withdrew their
mentoring services in 2016. Some trainee drivers experienced delays of up to twenty-four months. Mentoring arrangements resumed in April 2018 following the resolution of a separate dispute.

The National Bus and Rail Union (‘NBRU’) also represent Locomotive Drivers employed by Iarnrod Eireann (‘the Company’). Following engagement with the Unions in 2018 regarding the financial loss incurred by the trainee Locomotive Drivers as consequence of the withdrawal of mentoring services, the Company issued a written proposal to the Unions on 15 December 2018 setting out a basis to resolve the issue. The proposal was balloted on by both Unions. It was accepted by the NBRU but rejected by SIPTU. SIPTU members balloted a second time on the proposal following a process of one-to-one engagement between individual Drivers and Company representatives to explain individual entitlements under the proposal. The proposal was again rejected by SIPTU members.

A Labour Court hearing took place on the 15 October 2020.


UNION'S ARGUMENTS:

The Union submits that the Company’s proposal to resolve the dispute does not address the full extent of its Members’ monetary loss incurred as a consequence of the delay in completing their training. It further submits that the proposal does not address the issue of loss incurred in the transition from Trainee Driver to Probationer Driver. The Union is seeking back-dating of the loss incurred by its Members for any period in excess of 58 weeks for which their training was delayed.


COMPANY'S ARGUMENTS:

The Company submits that the delays experienced by the Drivers’ in completing their training were caused by the withdrawal of co-operation on the part of experienced Drivers in relation to mentoring. The Company incurred costs of circa €30,000.00 per week as a consequence of not laying off the Trainee Drivers and also suffered a loss of revenue of approximately €2,000,000.00 due to the delay in implementing changes to the DART timetable. LCR21605 – which related to the main drivers’ dispute – was implemented in December 2017 and provided that there would be no cost-increasing claims during its life span and no retrospection would apply.



RECOMMENDATION:

The Court does not recommend concession of the Union’s claim. The Court recommends that the Union accepts the Company’s proposal (as accepted by the NBRU) to resolve the dispute.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
NJ	______________________
4 November 2020	Deputy Chairman