INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
2. The issue in dispute relates to a claim by two Supervisors for payment in respect of disturbance caused during work carried out in the Central Traffic Control Room at Connolly station. The Union claims that considerable disruption took place during work which took place on an extension of the signalling system in Connolly station. The Union maintains that a payment of €1,250 was made to Signal-persons for the disturbance and is claiming that the same amount should be paid to the Supervisors. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A Conciliation Conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 6th September, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 13th December, 2006.
3. 1. The Supervisors are closely involved with the Signal-persons concerned and in their view have suffered the same inconvenience in this development. Both Supervisors and Signal-persons are all housed in the same building and in the Union's view the Supervisors are due the same disturbance payment
4. 1. At discussions on the Signal-persons' claim the Union indicated that no other grade would be able to form a claim, because of the uniqueness of the Signal-persons' claim. Supervisors operate in different parts of the building and operate in a fashion that Signal-persons cannot do. They can leave the building to attend meetings, conduct rules/ refresher /coaching staff or deal with payroll issues.
2. The Company has a significant concern, given the shift in the Union's position (from the conclusion of the Signal-persons negotiations) that repercussive claims will follow from other grades.
In the circumstances of this case the Court recommends that the two Supervisors associated with this claim be paid compensation in the amount of €650 each.
The Court makes this recommendation having regard to the close proximity of the Supervisors to the Signal -person grade. It does so on the understanding that this recommendation will not be quoted or relied upon as a basis for any other claim on behalf of any other grade or category now or in the future.
Signed on behalf of the Labour Court
28th December, 2006
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.