INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
ICTU GROUP OF UNIONS
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGrath
Employer Member: Mr McHenry
Worker Member: Ms Ni Mhurchu
1. The payment of tokens.
2. The dispute concerns the payment of bonus scheme tokens, worth about £1 each, to approximately 50 engineering and craft workers in Clontarf garage.
In 1993, agreement was reached between the Company and the craft unions on reorganisation proposals which included the payment of tokens by way of an attendance bonus scheme. Subsequently, when the "Imp" and "Cityswift" services were introduced, from Conyngham Road garage, the Company agreed to pay a number of tokens to general operatives in that garage. The craft workers sought to be treated similarly but their claim was rejected by the Company. Following investigation by the Craft Worker Tribunal the craft workers were awarded 45 tokens each.
Cityswift has now been introduced in Clontarf garage and the union side is seeking that staff should be treated in the same way as in Conyngham Road garage. The claim was rejected by the Company on the grounds that the situation in Clontarf has not given rise to the same type of changes implemented in Conyngham Road. The Company also argued that when craft workers in Conyngham Road sought the same payment as engineering operators there, their claim was actually rejected by the Tribunal which awarded them a nominal number of tokens. The dispute was the subject of a conciliation conference under the auspices of the Labour Relation Commission , at which agreement was not reached. The dispute was referred to the Labour Court on the 15th of May, 1997, under Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation on the 13th of July, 1997.
3. 1. The craft workers and engineering operatives at Clontarf are parties to the same common agreement as colleagues in Conyngham Road. The introduction of the changes at Clontarf has the same effect on staff as at Conyngham Road and for this reason the staff at Clontarf are entitled to be dealt with in like manner as their colleagues in Conyngham Road.
2. The workers concerned are entitled to the same inducement payment received from the Company by their colleagues due to the fact that their contribution to the success of the mini-bus/Quality Bus Corridor is as significant as the contributions of any other worker in the Company.
4. 1. The Craft Tribunal, in investigating the claim on behalf of craft workers in Conyngham Road, did not recommend in favour of the claim and recommended that, in the interests of good industrial relations, a nominal payment of 45 tokens be made to each craft worker in the garage.
2. In Conyngham Road, the additional buses involved at the time required a change of duty rosters for the operatives and in recognition of this, a payment of 150 tokens was made. In Clontarf garage, the number of vehicles is smaller and no roster changes were necessary.
The Court has fully considered all of the issues raised by the parties in their oral and written submissions. The Court finds that the tokens were made available in return for the commitment to certain changes in work practices. The Court is aware that the change negotiated is not required at this time.
The Court considers that in this case the tokens should be paid when similar criteria for their payment have been agreed.
The Court so recommends.
Signed on behalf of the Labour Court
25th of August, 1997______________________
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.