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Dáil Éireann debate -
Thursday, 10 Feb 2000

Vol. 514 No. 2

Adjournment Debate. - Industrial Disputes.

I thank the Minister for coming to the House to respond to this matter. We are within days of a dispute which threatens to deprive Dublin and surrounding areas of a bus service. It is imperative that the Minister for Public Enterprise, Deputy O'Rourke, and the Minister for Enterprise, Trade and Employment, Deputy Harney, intervene to try to avert the threatened strike of Dublin Bus employees which is due to start next Tuesday. The withdrawal of almost 1,000 buses serving over 130 routes will create real hardship for those who rely on public transport and will be a real setback for Dublin Bus. For most people in Dublin and many of the neighbouring parts of Kildare, Meath and Wicklow, there is no alternative form of public transport, and the withdrawal of bus transport and the bus services will leave huge numbers of commuters unable even to travel to work.

During the 1970s and 1980s the image of public transport suffered greatly from repeated industrial disputes. In recent years it has managed to remain largely strike free and with the introduction of additional vehicles and welcome innovations like the quality bus corridors, confidence in public transport is recovering and more and more commuters are using buses. Against this background a strike would be a serious setback.

There are also public safety aspects to such a dispute. The likelihood is that many of those who normally use buses but who might live within walking range of DART or commuter train lines will try to crowd into already overcrowded carriages. Overcrowding on DART and rail lines already constitutes a serious safety hazard. Thousands of extra people trying to crowd on provide a recipe for disaster.

While the strike next week is planned for only one day, the unions have made it clear that unless the dispute is settled it will gradually escalate action with a two day strike the following week and three days the week after, until all-out action is reached by the middle of next month. Every effort must be made to avoid this dispute and the relevant Ministers must act now, not at the end of a crippling dispute.

Driving large buses in Dublin traffic conditions is a demanding and stressful occupation and this should be reflected in the wage structure. A basic starting scale of £207 per week, which is only about £30 more than the statutory minimum wage that will apply from 1 April, going up to £273, does not reflect this and indeed it is clear that part of the reason for this dispute is that bus workers do not believe the work they do is reflected in the current wage scales.

The claim at the centre of this dispute was first lodged in August of last year. Strike notice has already been served twice and deferred twice. The NBRU, which has served strike notice, is in a difficult situation in that it is told that its claims are outside the terms of national agreements. However, the NBRU is not a member of ICTU and is not a party to national agreements.

There is also anger among bus workers at the role played by the Minister, Deputy O'Rourke. The Minister promised that if certain productivity changes were agreed from 1 January 1999, public service contracts would be guaranteed for Dublin Bus which would improve the position of the company and provide job security. Workers also believe that the culture of low pay in the company arises from the very low subsidy received from the Exchequer, one of the lowest for any public transport system for a European city of comparable size.

It is imperative that the two sides get back to the negotiating table as soon as possible. The union has said it is available for talks 24 hours a day. Management has said that it will not be available until next Monday and will only talk then if the strike is called off. It has threatened to refuse to negotiate if the dispute starts. This sort of approach is not helpful. Some gesture from management is required. A recognition that drivers are not adequately remunerated for the work they do would be a start. Some realistic offer from management would help.

We urge the Minister, Deputy O'Rourke, who has responsibility for public transport, and the Minister, Deputy Harney, who has responsibility for labour relations, to intervene to secure the re-opening of talks between unions and management with a view to averting this potentially disastrous strike. I know that Ministers are particularly reluctant to intervene in industrial disputes, but there are plenty of precedents for this and there are cases where the impact on the public is such that intervention is justified.

I thank the Deputy for raising the matter and I am glad to reply to it. The Ministers and Members of the Opposition are aware of the facts, but I wish to say some important things. The National Bus and Rail Union, which represents approximately 1,200 bus drivers, has served strike notice for Tuesday, 15 February, on Bus Átha Cliath. The one day strike on Tuesday will be followed by a two day strike the following week and then a three day, four day and all out strike in succeeding weeks. I understand that SIPTU, which represents the remaining 900 drivers, is to consider the situation tomorrow. The dispute has its origins in a pay claim by NBRU for a 20% increase in basic pay for bus drivers. NBRU originally served strike notice in support of the claim in September 1999. SIPTU also served strike notice at the time, but did not quantify the amount of the claim. NBRU is seeking an increase in basic pay for all drivers to £330 per week. The current basic for most drivers is £273 per week with new recruits entering at a lower rate. It is estimated that the cost of the drivers' claim would be approximately £8 million.

The Labour Court considered the dispute on 28 September 1999 and issued a recommendation on 11 October 1999, which found the claim to be in breach of Partnership 2000. I take the Deputy's point that NBRU is not a party to the agreement. However, the court recommended that an independent third party carry out an investigation of a range of issues on which there was a wide disparity between the parties on the factual position, including pay and conditions, pensions, the effect of State subvention, comparisons with other driver groups, current working practices and methods of payment. The court recommended that the third party report should be used as a basis for further negotiations.

The company agreed to the appointment of the independent third party nominated by the unions and his report was submitted to both parties on 31 January 2000. The third party concluded that the current pay claim would place the future viability of Bus Átha Cliath in jeopardy, if conceded in isolation. However, it also said that some inflexibility still exist in work practices within the company and there are significant opportunities for cost savings, which could form the basis of a productivity deal to address the basic pay issue in a meaningful way.

However, NBRU having considered the report, said that it did not agree with it and served strike notice on Friday last, commencing with the planned one day stoppage next Tuesday. Bus Átha Cliath management met both SIPTU and the NBRU yesterday afternoon – the Deputy was wrong about that – in an effort to avert strike action. The company agreed that there was room for further negotiation on the issue of basic pay for the drivers, based on the finding of the third party report. It offered to commence proper negotiations on Monday within an agreed timeframe on condition that the strike notice was withdrawn. The company also indicated that it was prepared to agree to an independent chairman from the LRC for these talks.

As I understand it, NBRU is reluctant to wait until Monday to negotiate and is seeking a substantial offer from the company by Monday evening. SIPTU members were agreeable to enter negotiations and have invited the independent third party to a meeting tomorrow to discuss his findings. As the House will appreciate from the list of items raised in the independent review, this is complex. The review which followed the Labour Court recommendation is less than two weeks old and the company has offered to enter negotiations starting next week.

The entire matter must also be seen in the context of the very significant pay and taxation package that is set out in the Programme for Prosperity and Fairness, which was agreed earlier this week. I recognise against that NBRU is not a party to that. In the circumstances I do not believe there is any justification for a strike with all the inconvenience that would create for commuters. I will monitor developments over the next few days.

The Labour Court recommendation was quite clear. The report of the third party was to be used as the basis for future negotiations. I call on the parties to respect that recommendation because there is a sufficient basis in the third party report to provide a framework for negotiations. That avenue should be exhausted before bus users are gravely inconvenienced by strike action.

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