FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN BUS - AND - NBRU SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. Loss of Earnings due to Company Decision not to offer additional work to Summerhill Drivers.
BACKGROUND:
2. This dispute concerns a claim for loss of earnings. This 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 3rd November, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th December, 2015.
UNION'S ARGUMENTS:
3 1 Prior to the concerts taking place it was clearly stated by the Unions that all Drivers who make themselves available for rest day work must first be catered for.
2 No Driver in the Summerhill Depot was allocated a Duty on any of the augmented duties for the Concert Event.
COMPANY'S ARGUMENTS:
4 1. There was no agreement broken as the extra busses that were put into service were there to merely help the service on the routes affected due to heavy customer loading
2 Over the last number of years music events have been held in Marley Park on different occasions during the summer periods, and on all of these occasions buses from other depots were used.
RECOMMENDATION:
The Court recommends that, if and when the subject of this referral arises in the future, the parties engage in local discussions.
The claim for loss of earnings fails.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
CO'R______________________
23rd December 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.