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FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BUS EIREANN
- AND - 130 SUPERVISORS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NBRU TRANSPORT SALARIED STAFFS' ASSOCIATION) DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Supervisors Pay Claim
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 29 March 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 20 August 2019.
UNION’S ARGUMENTS:
3. 1. The Unions are seeking a pay increase for 2019, 2020 and 2021.
2. The Unions are seeking that where inter-changeability between all Supervisor (Inspector) roles is proposed, then a €60k salary must apply to all.
3. The Unions reject proposals made by management including changes to the daily spread and fortnightly pay.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer is proposing a pay increase for 2019, 2020 and 2021.
2. The Employer rejects a single rate of pay for service supervisors.
3. The Employer makes a range of proposals for change in respect of service supervisors.
RECOMMENDATION :
The Court is aware of recent pay history within the company and of the background to and content of Recommendation number LCR21438. Against that background the Court has given very careful consideration to the written and oral submissions of the parties.
The Trade Unions have sought increases in pay and the company has indicated a willingness to positively address pay against the background of agreement on a range of matters which, in the view of the company, are required to ensure that any upward adjustment in pay is sustainable into the future.
Taking the entirety of the submissions of the parties into consideration therefore the Court makes the recommendation set out below. The Court notes that both parties made claims in respect of other matters before the Court but clarifies that the Recommendation below is comprehensive and incorporates those claims upon which an outcome is recommended at this time:
The Court recommends:
- 1. That the parties should make a three year pay agreement providing as follows:
- � Upward adjustment of pay of 2.75% with effect from 1st January 2019
� Upward adjustment of pay of 2.5% with effect from 1st January 2020
� Upward adjustment of pay of 2.5% with effect from 1st January 2021
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- 2. That carry over and accrued annual leave be dealt with in a manner consistent with arrangements reached with drivers arising from Recommendation number LCR21906 and in accordance with the principles and detail set out in LCR21438.
3. Noting that practice as regards Sunday working for supervisors varies across the organisation with the maximum liability in practice amounting to one Sunday in two, the parties should address the requirement for Sunday working in accordance with the rostering and scheduling mechanisms set out in LCR21438.
4. That supervisors make full use of the Company Core Time and Attendance system subject only to the practical operational implications of duties involving travel obligations which inhibit the supervisor from utilising the system on a given day / duty.
5. That, in accordance with Recommendation number LCR21438 which has been accepted by all parties, the Drug and Alcohol policy should be fully implemented and accepted.
6. That the parties agree to the introduction of a performance management system.
7. That, having regard to Recommendation number LCR21438 which has been accepted by all parties, there should be full acceptance of on-going technological change and use of business systems.
- 2. That carry over and accrued annual leave be dealt with in a manner consistent with arrangements reached with drivers arising from Recommendation number LCR21906 and in accordance with the principles and detail set out in LCR21438.
- � Upward adjustment of pay of 2.75% with effect from 1st January 2019
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
DC ______________________
27 August 2019 Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.