INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
NATIONAL BUS & RAIL UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
1. Compensation for move to Harristown.
2. The Company is proposing to open a new bus garage in Harristown on the 31st October, 2004. The opening of Harristown will see the closure of the Broadstone garage and the improvement of working conditions in Clontarf, Conyngham Road and Summerhill garages. Staff will transfer either to existing city garages or to Harristown. The Unions have been in discussion with the Company concerning the move since November 2003 and many issues have been resolved.
The dispute before the Court concerns compensatory payments for a) staff associated with the move to Harristown and b) staff moving between existing garages.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 6th September, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th October, 2004.
3. 1.The level of compensation being offered is inadequate considering the unprecedented level of inconvenience involved.
2. The Unions are looking for a substantial increase in the payments proffered by the Company.
3. The Unions are requesting that the compensation paid to it's members should be substantially increased in order to alleviate some of the hardship involved, loss of their own leisure time and the additional cost associated with the transfer.
4. 1.The Company's offer has been increased on three separate occasions in good faith and was rejected each time.
2. The compensatory figures have been significantly enhanced through the addition of lump-sum payments.
3. The compensatory amounts which were specifically agreed for Harristown are far in excess of any previously agreed figures. The offer is extremely generous in comparison with staff movements in other industries.
The claim before the Court concerns compensatory payments for staff transferring (i) between existing garages and (ii) to the Company's new garage at Harristown.
Other issues in dispute, relating to bus routes, were settled between the parties at a meeting on 22nd October, 2004.
On 20th July, 2004, following extensive negotiations on the claim for compensation, the Company set out "theterms of the agreement reached"at Labour Relations Commission conciliation talks on 19th July, 2004.
Having considered the oral and written submissions of the parties, the Court is of the view that the 20th July, 2004, offer is reasonable and recommends that it should be accepted by the Unions. The Court recommends that these compensatory payments should be paid when staff take up their position in their new garages.
SIPTU raised the issue of the Company's rationale for choosing routes, and requested written details of the Company's position on this issue. At the hearing, for the benefit of the Unions and the Court, the Company explained as much as possible how routes were allocated in this major reorganisation. The Court accepts that in these circumstances many factors contributed to the decisions made.
Signed on behalf of the Labour Court
29th October, 2004______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.