LCR15700

FULL RECOMMENDATION CD/97/459 RECOMMENDATIONNO.LCR15700 (CC97/1093) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - NATIONAL BUS AND RAIL UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Elimination of the position of locomotive foreman in Waterford.



BACKGROUND:

2. During productivity negotiations with station supervisors represented by SIPTU, it was agreed that station supervisors in Waterford would take over the duties of the locomotive foreman when the post-holder retired. The position was one of 20 to be suppressed in 18 locations nationwide and productivity payments to Supervisors commenced in June, 1994. However, as the locomotive foreman position was virtually the only promotional outlet available to drivers, and a number of them have performed the duties of foreman on a relief basis, the drivers made it known to the Company that they did not agree to suppression of the post. At local talks, subsequently, the 25 drivers concerned were offered £5,000 between them to settle the matter. The offer was rejected and the dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. The Company agreed to make a final offer of £500 per driver for immediate resolution of the dispute. This offer was rejected by ballot and the dispute was referred to the Labour Court, on the 10th of September, 1997, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation, in Waterford, on the 4th of November, 1997.




COMPANY'S ARGUMENTS:

3. 1. The Unions agreed with management that, under the Rail Operative Supervisors Productivity Agreement, the locomotive foreman's position in Waterford would be suppressed in 1997.

2. The savings from this position have already been paid to the remaining supervisors, by way of a pay increase.

3. In the past, graded staff have concluded agreements with the Company which involved the suppression of positions within their own grade, e.g., signalmen, train guards, senior depotmen, parcels porters, ticket checkers, and mechanical operators, etc. These suppressions led to reduced opportunity for superior duty in the base grades. It has always been a stated trade union policy that staff in a grade may make decisions, in their own interests, without interference from colleagues outside the grade. Drivers in Waterford have been involved in such an exercise with management recently.

4. In the interest of settling this dispute, the Company made an offer of compensation for loss of superior duty to the locomotive drivers, in line with offers made and accepted by locomotive drivers in similar cases in the past, where supervisory positions had been suppressed.

5. The original offer of £5,000 to be divided among the drivers is reasonable in the circumstances.


UNION ARGUMENTS:

4. 1. Locomotive drivers have very few promotional outlets. The position of locomotive foreman is such an outlet. While there was only one such opening in Waterford, a number of drivers acted up to provide cover for holidays, sick leave, etc. They held the hope that when the incumbent foreman retired, they might succeed him. The drivers are upset by the conduct of the Company in not recognising the importance of the post to them and for failing to consult with them over the proposal/decision to suppress it.

2. Relief for the locomotive foreman was provided by drivers who, in turn, were relieved by other drivers who enhanced their earnings by working additional overtime. Accordingly, the loss of the position has a profound effect on the drivers.

3. Since August, 1997, when the locomotive foreman retired, a locomotive driver has been assigned to act up. This has prevented a confrontation developing and the locomotive drivers have made it clear they will not co-operate with any alternative arrangement.

4. The post of locomotive foreman should now be advertised among the Waterford district locomotive drivers and should be filled from among their ranks.





RECOMMENDATION:

Having considered the submissions and oral evidence, the Court is satisfied that the proposals which emanated from conciliation were fair in the circumstances and, accordingly, recommends that the Unions' members accept them.



Signed on behalf of the Labour Court



Evelyn Owens
13th of November, 1997______________________
M.K./S.G.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.