INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Mr McCarthy
1. Drivers reverting to Spare
2. This case concerns a dispute between the Company and a worker in relation to Drivers within the organisation reverting to the category of "spare" Driver. Management's position is that the terms and conditions of employment that apply to Drivers are the subject of collective agreements concluded with the relevant Trade Unions. Management does not accept that this group can seek to unilaterally remove itself from this process.
The dispute was referred to the Labour Court on 14th October 2014 in accordance with Section 20(1) of the Industrial Relations Act, 1969. The worker agreed to be bound by the Recommendation of the Court.
A Labour Court hearing took place on 8th January 2015. The following is the Court's Recommendation:
It is clear that the worker who is party to this referral is part of a grade comprising in excess of 300 Drivers. This worker, like the broader grade of which he is part, is encompassed by collective agreement which provide procedures and mechanisms by which issues of this type now before the Court can be processed to finality through established collective bargaining arrangements.
Where collectively agreed arrangements are in place it is incumbent on all parties to abide by the terms of the agreement. Moreover, it would undermine the utility and effectiveness of those collectively agreed dispute resolution procedures if the Court were to entertain claims from individuals concerning issues that clearly effect the totality of the grade to which they belong.
For these reasons the Court does not consider it appropriate to make any definitive recommendations on the substantive issues raised in this referral. Rather, the Court recommends that the worker who is party to this referral process any grievance that he may have through the agreed and established internal dispute resolution procedures within the employment.
Signed on behalf of the Labour Court
14th May 2015______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.