INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Appeal against Rights Commissioner's Recommendation IR6137/01/JH
2. The Union is claiming the upgrading for the claimant from the position of Senior Depot Person Station Operative 2 to Traffic Coordinator Station Operative 1. The claim is made on the basis of the responsibility held by the claimant who is based in the Wexford station. Comparisons were drawn with other employees who had been upgraded to the position of Traffic Coordinator in return for handling work. The matter was referred to the Rights Commissioner for investigation and recommendation. On the 9th September 2002, the Rights Commissioner issued her recommendation:-
"On the basis of the submissions made I cannot find any reason to uphold the Union claim and do not recommend concession of same".
On the 2nd October, 2002 the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th June, 2003, the earliest date suitable to the parties
3.1 It has been acknowledged by Management that the claimant carries out a very worthwhile job at Wexford station. He is diligent in his handling of the Company's business and dealing with the travelling public. It is a disappointment that the Company did not see fit to grant him his regrading.
2. A number of regradings have been granted in other areas such as Carlow and Claremorris where there would not be the same volume of work as in Wexford.
3. The claimant is also engaged in cement traffic which has been considerable at Wexford station. He also operates the ground frame which is a signalling system and also operates the parcels office and deals with all parcels in and out of the station.
4. In view of other regradings that have taken place, where the duties of the persons concerned would have been far less than the claimant in Wexford, the Union are requesting that the claimant be upgraded to Traffic Coordinator.
4.1 This claim has gone through the Grievance and Disciplinary procedures as far as Level 3. No justification for conceding the claim could be found. The Company maintain that the grade of the claimant concerned was appropriate prior to the reduction in Cement Traffic.
2. Since the claim was first made major changes have taken place. From 2000 there has been a steady decrease in the already low level of cement traffic at the station. The bagged cement business will cease in all Depots from 18th July 2003.
3. Under the handling of station duties there are many other locations around the country which carry out similar work and in fact perform additional signal cabin duties, issue tickets, work not performed by staff at Wexford.
4. Staff at stations such as Carlow and Portlaoise have the grade of Traffic Coordinator for the additional responsibility of handling Guinness products and in the case of Portlaoise additional supervision of locomotive drivers
5. Overall the duties carried out by the claimant are similar to those in other locations and as such do not merit regrading from Senior Depot Person to that of Traffic Coordinator. The Company cannot accede to the claim for regarding with the now inevitable cessation of cement traffic and the recent appointment of an official Bus Eireann Agent across the road from the Station.
Having carefully considered the submissions of the parties, the Court is satisfied that the conclusion and recommendation of the Rights Commissioner is appropriate in the circumstances of this case.
Accordingly the recommendation is affirmed and the appeal disallowed.
Signed on behalf of the Labour Court
18th June, 2003______________________
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.