Labour Court Database
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File Number: CD87563
Case Number: LCR11353
Section / Act: S67
Parties: BUS ATHA CLIATH - and - NBU;ITGWU;FWUI
|
Subject:
Dispute concerning the negotiation of a system to transfer spare conductors from Clontarf Garage.
Recommendation:
Following the hearing of this dispute on 18th June, 1987, the
Court recommended (LCR11259) that "the parties should negotiate an
agreement to cover the new and unforeseen circumstances which had
arisen having regard to the Company's need, in the interest of
efficiency, to employ all its staff as effectively as possible".
Because of the failure of the parties to negotiate such an
agreement, the Court has now considered further submissions
relating to the position of the 46 "spare" conductors at Clontarf
Garage.
It is clear to the Court that while the parties to the O.P.O.
agreement envisaged a possible short-term surplus of personnel in
some depots, they did not anticipate the shortage of personnel in
other depots which has now given rise to the present problem. The
claimants considered that they were covered by the published
guarantee relating to "his own depot" and are claiming that they
should be retained indefinitely at Clontarf garage or transferred
only on a voluntary basis. The Company, on the other hand,
maintains that the published guarantee was intended to cover
"marked-in" bus crews only.
It is also clear to the Court - and indeed to the parties - that
there is no work at Clontarf garage for the 46 "spare" conductors
whose jobs there have, in effect, become redundant. The Company,
in proposing alternative work for them at other garages, is
maintaining its guarantee of no involuntary redundancy arising
from O.P.O.
The Court considers that a position cannot be justified where paid
staff remain idle at Clontarf Garage while at the same time there
is a need for their services at other garages. In all the
circumstances the Court recommends that the Company's Proposal 11
submitted to the Court on 31st July, 1987, should be accepted in
respect of the situation at Clontarf.
In the special circumstances of this case and having regard to the
misunderstandings on guarantees which arose, the Company for its
part should agree to pay an additional week's basic pay in
conjunction with, and in addition to, the payment under item 6 of
the Company's proposal. The Unions for their part should withdraw
their condition that all transfers must be on a voluntary basis
only. In this recommendation the Court has had due regard to the
level of other special payments made under the O.P.O. agreement.
Division: Mr Fitzgerald Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD87563 THE LABOUR COURT LCR11353
CC871127 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11353
Parties: BUS ATHA CLIATH
and
ICTU ROAD PASSENGER GROUP
NATIONAL BUSWORKERS' UNION
Subject:
1. Dispute concerning the negotiation of a system to transfer
spare conductors from Clontarf Garage.
Background:
2. With reference to the Court hearing of the 31st July, 1987,
the Court recommends as follows:
Recommendation:
Following the hearing of this dispute on 18th June, 1987, the
Court recommended (LCR11259) that "the parties should negotiate an
agreement to cover the new and unforeseen circumstances which had
arisen having regard to the Company's need, in the interest of
efficiency, to employ all its staff as effectively as possible".
Because of the failure of the parties to negotiate such an
agreement, the Court has now considered further submissions
relating to the position of the 46 "spare" conductors at Clontarf
Garage.
It is clear to the Court that while the parties to the O.P.O.
agreement envisaged a possible short-term surplus of personnel in
some depots, they did not anticipate the shortage of personnel in
other depots which has now given rise to the present problem. The
claimants considered that they were covered by the published
guarantee relating to "his own depot" and are claiming that they
should be retained indefinitely at Clontarf garage or transferred
only on a voluntary basis. The Company, on the other hand,
maintains that the published guarantee was intended to cover
"marked-in" bus crews only.
It is also clear to the Court - and indeed to the parties - that
there is no work at Clontarf garage for the 46 "spare" conductors
whose jobs there have, in effect, become redundant. The Company,
in proposing alternative work for them at other garages, is
maintaining its guarantee of no involuntary redundancy arising
from O.P.O.
The Court considers that a position cannot be justified where paid
staff remain idle at Clontarf Garage while at the same time there
is a need for their services at other garages. In all the
circumstances the Court recommends that the Company's Proposal 11
submitted to the Court on 31st July, 1987, should be accepted in
respect of the situation at Clontarf.
In the special circumstances of this case and having regard to the
misunderstandings on guarantees which arose, the Company for its
part should agree to pay an additional week's basic pay in
conjunction with, and in addition to, the payment under item 6 of
the Company's proposal. The Unions for their part should withdraw
their condition that all transfers must be on a voluntary basis
only. In this recommendation the Court has had due regard to the
level of other special payments made under the O.P.O. agreement.
~
Signed on behalf of the Labour Court
6th August, 1987 -------------------
DH/PG Nicholas Fitzgerald
Deputy Chairman