Labour Court Database
__________________________________________________________________________________
File Number: CD93406
Case Number: LCR14187
Section / Act: S26(1)
Parties: IRISH RAIL - and - NATIONAL BUS AND RAIL UNION
|
Subject:
Dispute concerning the method of implementation of the 39 hour week for signalmen at Connolly Station.
Recommendation:
5. Having regard to the objective of the agreement on the
reduction of working hours, the Court does not consider that the
continuation of present working time arrangements with the payment
of an hour's overtime in lieu of time-off is the appropriate way
of applying the agreement in this case. As a reduction of 10
minutes' working time each day as proposed by the Union would be
likely to have such a result, the Court does not regard the
proposal as suitable. Accordingly and having regard to the
Company assurances that the safety of the system would not be
compromised in any way, the Court recommends that the 39 hour week
be introduced by the reduction of working time by one hour on
Fridays and Saturdays as proposed by the Company.
Division: Mr Heffernan Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93406 RECOMMENDATION NO. LCR14187
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1),
INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH RAIL
and
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Dispute concerning the method of implementation of the 39 hour
week for signalmen at Connolly Station.
BACKGROUND:
2. 1. The Central Traffic Control (CTC) facility was set up in
Connolly Station in 1984 and agreement reached on the terms
and conditions to apply to workers in the complex. The CTC is
manned 24 hours each day 7 days per week and consists of the
Mainline Control Section and the Suburban Control Section.
The dispute concerns 5 signalmen from the Suburban Control
Section.
2. The Union is seeking implementation of the 39 hour week
on the basis of a reduction of 10 minutes per day on each
shift roster but without any reduction in the manning levels.
Agreement could not be reached in direct discussions and the
matter was referred to the Labour Relations Commission. A
conciliation conference was held on the 1st April, 1993.
Again agreement could not be reached and the issue was
referred by the Labour Relations Commission to the Labour
Court on the 12th July, 1993. The Court investigated the
matter on the 26th August, 1993.
UNION'S ARGUMENTS:
3. 1. The Company in the 1984 Agreement accepted that the
operation required 8-hour shifts for each signalman to provide
the necessary cover and ensure safety in operation.
2 The operational side of the CTC has not changed since
1984.
3. Proposing to introduce a 39 hour week by reducing the
hours on the original agreed roster is in breach of the 1984
Agreement.
4. In other signal cabins the Company agreed to continue
with 8-hour shifts in the 39 hour week and pay for the extra
time rather than provide relief for the staff in those cabins.
COMPANY'S ARGUMENTS:
4. 1. The Company has undertaken negotiations strictly within
the context of the Framework Agreement on Working Hours.
2. A method of implementing the 39-hour week has been
identified which is acceptable to the Company and to the
majority of staff in the CTC, i.e., a one-hour reduction in
attendance on Friday and Saturday alternating in relation to
the early and middle turns.
3. The proposed method of implementation minimises
additional costs, satisfies operational requirements and
provides additional earnings for the staff concerned.
4. The claim, if conceded, would add to company costs.
RECOMMENDATION:
5. Having regard to the objective of the agreement on the
reduction of working hours, the Court does not consider that the
continuation of present working time arrangements with the payment
of an hour's overtime in lieu of time-off is the appropriate way
of applying the agreement in this case. As a reduction of 10
minutes' working time each day as proposed by the Union would be
likely to have such a result, the Court does not regard the
proposal as suitable. Accordingly and having regard to the
Company assurances that the safety of the system would not be
compromised in any way, the Court recommends that the 39 hour week
be introduced by the reduction of working time by one hour on
Fridays and Saturdays as proposed by the Company.
~
Signed on behalf of the Labour Court
Kevin Heffernan
2nd September, 1993 ----------------
P. O'C/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR PAUL O'CONNOR, COURT SECRETARY.