Labour Court Database
File Number: CD90249
Case Number: LCR12940
Section / Act: S67
Parties: BUS EIREANN - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Claim by the Union on behalf of 5 workers concerning the elimination of a post and the loss of overtime for 4 workers as a result of the establishment of a new travel centre.
5. The Court recommends that the Travel Centre staffing and
organisation should go ahead as proposed. The parties should
discuss the provision of an alternative overtime arrangement and
in the absence of agreement on such an arrangement loss of
earnings should be compensated at the appropriate formula rate.
Division: CHAIRMAN Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90249 RECOMMENDATION NO. LCR12940
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
PARTIES: BUS EIREANN
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
1. Claim by the Union on behalf of 5 workers concerning the
elimination of a post and the loss of overtime for 4 workers as a
result of the establishment of a new travel centre.
2. The booking office at the Cork City Bus Station has been
redeveloped as a 'Travel Centre' to provide a comprehensive
service to passengers, including sales and travel information on
local, national and international services. This has involved
structural changes in the location and the existing clerical staff
group will be increased by 2 additional clerical assistants. As a
result of the opening of the new Travel Centre, the Company
proposes to discontinue the position of Enquiry Kiosk Attendant,
with the current incumbent being transferred to the Travel Centre
to fill one of the clerical assistant positions. In addition the
relief which is presently provided by the attendant and 4 porters
in the kiosk on Saturdays on an overtime basis would no longer be
required. The Union rejected the Company's proposals and on 3rd
May, 1990, the issue was referred to the conciliation service of
the Labour Court. No agreement was reached at a conciliation
conference held on 9th May, 1990, and the matter was referred to
the Labour Court on 21st May, 1990, for investigation and
recommendation. The Court investigated the dispute on 19th June,
1990, in Cork.
3. 1. The worker presently employed in the information kiosk is
a member of the operative section who are represented by the
Road Passenger Trade Union Group. The Company now wish to
hand over operative work to the clerical staff. There has
been considerable reductions in the operative grade and the
Union does not agree to further reductions.
3. 2. During the course of discussions with the Company, no
guarantees could be given on the future of the worker
currently in the information kiosk, even though she is a
permanent employee. The Company want her to transfer to the
new 'Travel Centre' on a temporary basis pending her
participation in and selection from a clerical recruitment
competition. The Company's proposals, however, do not address
the problem that the worker concerned may not wish to apply
for the clerical competition or may fail such a competition.
3. As a result of the introduction of a 5 day week for
porters in 1982, the Company offset the losses sustained by
porters by retaining them on an overtime basis in rotation in
the information kiosk on Saturdays. The porters also provided
holiday and sick leave cover in the kiosk. The Company now
wish to eliminate this long standing overtime arrangement,
even though this overtime represents a significant earning for
a group of workers who are on a low rate of pay.
4. The Union welcomes the introduction of the Travel Centre
but believes that the kiosk attendants position should remain
an operative position operating within the Travel Centre with
Saturday relief continuing to be provided by the porters.
4. 1. It is essential that the Company provide a modern
passenger Travel Centre where a comprehensive passenger
services facility can be provided in one central location.
Such centres have already been established in the other
2. No employee will lose employment as a result of these
proposals and one additional clerical position will be
created. The present kiosk attendant will be promoted to the
clerical assistant grade with prospects of further promotion.
3. Given the nature of the work at the Travel Centre and the
high level of flexibility involved, the duties are clearly
those of the clerical grades.
4. The Company is prepared to offer compensation amounting to
#600 each to the 3 longest serving porters and #400 to the
shortest serving porter for the loss of overtime.