LCR22632

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

DUBLIN BUS

- AND -

BUS WORKERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
& NATIONAL BUS & RAIL UNION)

DIVISION :

SUBJECT:

1.Pay

BACKGROUND:

2.This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 18 May 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 24 June 2022.



RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The parties’ last collective agreement on pay expired at the end of 2018.

The submissions of the parties have set out very clearly the nature of the market and funding infrastructure in which the company operates. The parties’ direct engagements highlighted certain measures which could be adopted so as to facilitate the implementation of necessary change and savings relevant to the company’s capacity to fund pay increases within the matrix of its funding framework.

Having regard to the full circumstances outlined by both parties to the Court therefore, the Court recommends:

1. That claims for retrospective payment in respect of the years of 2019 and 2020 should be addressed through payment of €1,000 to each member as a ‘lead in’ payment to be made in the most tax efficient manner possible having regard to the applicable revenue rules at time of payment.

2. That the company proposals in relation to change and productivity set out at appendix 1 to its submission to the Court, including as regards zonal Routing, changes to universal duties to enhance flexible working options, introduction of 30-hour driver contracts and changes to driver establishment to reflect modern timetable requirements; should be accepted and fully implemented upon acceptance of this recommendation. Any joint engagement necessary to achieve full implementation should take place immediately.

3. That the following increases to pay should be implemented:

 With effect from 1^stJanuary 2021 – .5%

 With effect from 1^stJuly 2021 - 2.5%

 With effect from 1^stJuly 2022 - 3.5%

 With effect from 1^stJanuary 2023 - 3%

 With effect from 1^stJanuary 2024 - 3%

 With effect from 1^stJanuary 2025 - 3%

In making this recommendation it is the Court’s full understanding that, as part of any agreement, the parties are committed to ensuring that no cost increasing claims are raised during the lifetime of the agreement and to securing industrial peace by utilising agreed procedures at all times to resolve matters which might give rise to dispute during the lifetime of the agreement.

The Court similarly understands that the parties are committed to engagement on the Trade Union claim as regards a composite rate in the course of any engagement to agree a successor agreement to the agreement which will come into being upon acceptance of this Recommendation.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.