INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BUS EIREANN(TRALEE GARAGE)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Flood
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Dispute regarding payment for rostered working at the Tralee Garage.
2. The worker concerned is employed as a Craftworker by the Company at its Tralee Garage. For the past eleven years his basic working week is from Tuesday to Saturday. Some of his colleagues in the Garage and other Garages countrywide work from Monday to Friday. It is normal practice for employees in the Tralee Garage to work on a rest day. The worker concerned receives less pay for working on his rest day which is Monday than his colleagues whose rest day is Saturday.
The issue of compensation was referred to the Craftworkers Tribunal which was set up to deal with disputes relating to the implementation of the Craftworkers Productivity/Flexibility Agreement, 2002. The Tribunal recommended that the worker concerned should receive €1,000. The Union's claim is for an increase in the compensation.
The issue was referred to the Labour Court on the 30th of December, 2002, in accordance with Section 20(1) of the Industrial Relations Act, 1969, A Labour Court hearing took place on the 1st of April, 2003, the earliest date suitable to the parties.
The worker agreed to be bound by the Court's recommendation.
3. 1. The Tralee Garage is the only garage within the Company operating a Tuesday to Saturday basic working week.
2. The worker concerned incurred a loss of two hours pay per week which is approximately one hundred hours pay per year for five years.
3. The recommendation made by the Tribunal is not sufficient and should be increased.
4. 1. The Tuesday to Saturday basic working week for Craftworkers in the Tralee Garage has been in operation for over thirty years and was set up to meet operational requirements.
2. The arrangement is in accordance with the provisions contained in the National Agreement covering Craftworkers and Engineering Operatives.
3. The worker concerned worked the Tuesday to Saturday roster for a number of years. He was given the opportunity on a number of occasions to change to a Monday to Friday roster but refused to do so.
The Court has been asked by the Union to increase the figure of €1,000 recommended by the Tribunal in relation to the dispute on payment for rostered working in the Tralee Garage. The Union's argument is that based on the rostering system that prevailed at the time the claimant lost significant income and should therefore be compensated.
The assumption in the Union's claim is that the Tribunal actually conceded its case that there was an anomaly in the rostering of employees in the Tralee Garage. It is the Court's view that the Tribunal did not so find and the €1,000 recommended was as stated in the decision of the Tribunal, compensation in recognition of the co-operation given by the staff during the prolonged period in which the issue was referred by agreement to the National Negotiations.
The Court, therefore, sees no grounds for changing the Tribunal's decision in this case.
Signed on behalf of the Labour Court
17th April, 2003______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.