INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
GUIDE FRIDAY (IRELAND) LIMITED
- AND -
NATIONAL BUS AND RAIL UNION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. 1. Contract of employment. 2. Premium payments for public holidays and Sundays.
2. The claim is on behalf of nine workers who are employed by the Company, a private bus company which operates tour buses in Dublin city. The high season is from March - October. Initially, there were a number of issues referred to the Court, and a hearing took place on the 25th of November, 1999. At the hearing, it was decided that the parties would hold further talks and return to the Court with any outstanding issues. At the reconvened hearing on the 15th of February, 2000, there were 2 issues in dispute - premium payments for Sundays and Public Holidays, and an agreed method of lay-off at the end of the season and re-hiring at start of the new season.
The Company offered time plus one third for premium rates - Sundays and public holidays. The Union is seeking double time. The workers feel that on the issue of lay-offs and rehiring, and the hiring of casual labour in the off-season, seniority should take precedence. The Company is willing to concede seniority for the peak season, but would prefer to also use some casual labour during the off-season, at the discretion of the manager.
The Union initially referred its case to the Labour Court on the 11th of October, 1999, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Union agreed to be bound by the Court's recommendation.
3. 1. A structured set up regarding lay-offs at the end of the season and re-hiring is needed. Seniority is the most suitable way to deal with issues, and also with hiring people during the off-season. The workers themselves would prefer that the most senior people were hired in the off-season, rather than changing workers everyday.
4. 1. The Company is agreeable to put seniority in place during the main season. In the off-season, it would prefer to have flexibility in hiring casual labour. At the end of last season, eight of the nine workers concerned sought casual labour for the off season.
Following the two hearings held, there are two issues before the Court, the others having been agreed. The Court, having considered all the relevant information supplied, recommends as follows:
While conscious of the arguments made by the Company in relation to retaining staff, the Court does not find it unreasonable that seniority should apply in cases of retention, as agreed by all the workers.
Noting the Union commitment that all work arising will be covered, and on the understanding that this arrangement can be raised for review by the Company if difficulties arise, the Court recommends that the Company accepts the Union claim that continuity of work be on a seniority basis.
2.Premium Rates for Sundays and Public Holidays
The Court recommends payment of time plus one half in peak periods, and time plus one quarter in non-peak periods for Sundays and Public Holidays.
Signed on behalf of the Labour Court
6th March, 2000______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.