INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL BUS AND RAILWORKERS UNION
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Claim for lump sum payment in respect of opening of new Docklands Station
2. This case concerns a dispute between Iarnrod Eireann and the National Bus and Railworkers Union (NBRU) and the Services Industrial Professional and Tecnical Union (SIPTU) in relation to the payment of compensation to locomotive drivers employed by the Company who operate into and out of the new Docklands station which was opened by the Company in March, 2007. The Union's position is that a claim for compensation is justified on the basis of previous arrangements in the Company. The Company's position is that an Agreement entitled the "New Deal for Locomotive Drivers" concluded between the parties in 2000, provides for co-operation with future developments within the Company and with improved services to the public.
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 matter was referred to the Labour Court on 26th March, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place 19th July, 2007
3 1 The opening of the new station has meant significant changes to rostering arrangements within the Company and has additional responsibilities to the drivers.
2 There have been many occassions where compensation has been paid in similar circumstances involving an extension of the rail network and enhancements to services provided by the Company. The Unions' claim is fair and reasonable on the basis of previous compensation paid by the Company.
4 1 An agreement concluded in 2000 provided for an increase in remuneration for locomotive drivers on the basis of co-operation with future developments within the Company.
2 The changes in work practices as a result of the opening of the Dockland Station are covered under the "normal ongoing change" provisions of National Wage Agreements.
Having considered the submissions of the parties, the Court is of the view that the matters referred to in this claim are entirely comprehended within the terms of the "New Deal for Locomotive Drivers" Agreement of 2000. The Court does not, therefore, recommend concession of the claim.
Signed on behalf of the Labour Court
13th August 2007______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.