FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN BUS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - 80 WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION CONNECT UNITE THE UNION) DIVISION :
SUBJECT: 1.Payment Of Disturbance Allowance The parties are disagreed as to the level of impact of the works in the garage and the degree to which effective mitigating arrangements were in place in the garage during the entirety of the period of the works. The parties are agreed that the cost of the claim exceeds €500,000 and the employer contends that the amount at issue significantly exceeds that amount. The parties are agreed that collective agreements were concluded in 2001 which covered all of the grades before the Court in the current claim. Those agreements provided for the payment of 1,200 punts each to all staff in those grades in return for undertakings that
Those 2001 agreements were accepted by the membership of the Trade Unions and remain in place according to both parties. The Court has consistently taken the view that parties to collective agreements should respect and observe those agreements unless and until they are replaced by successor agreements or are terminated by the parties. The Court notes that the parties are agreed that their 2001 agreements remain in place and unamended. Those agreements are not specific to any particular garage and state that the payment made at that time precluded all future claims from engineering operatives for such work. In all of the circumstances, the Court concludes that the claim before it is, by agreement of the parties, precluded by the terms of their 2001 agreement and cannot therefore succeed. The Court does not therefore recommend concession of the Trade Union side claim. The Court so recommends.
NOTE Enquiries concerning this Recommendation should be addressed to Ian Kelly, Court Secretary. |
