Shane Ross does not plan to intervene in Luas dispute

Drivers to stage series of four hour strikes in June impacting students sitting State exams

Luas drivers are set to stage a series of four-hour strikes in June as part of the latest phase of their campaign of industrial action to seek improved pay and conditions.
Luas drivers are set to stage a series of four-hour strikes in June as part of the latest phase of their campaign of industrial action to seek improved pay and conditions.

As Luas drivers prepare to stage a series of four-hour strikes in June as part of the latest phase of their campaign of industrial action,the new Minister for Transport Shane Ross has indicated he does not plan to intervene in the dispute.

The strikes will take place on June 2nd between 3pm and 7 pm as well as on June 3rd, 7th and 8th between 9am and 1pm.

On June 9th and 10th, strikes are expected to take place from 3pm to 7 pm.

Luas drivers are already scheduled to stage work stoppages on a number of days in May including this coming Friday, May 13.

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There have been concerns raised that the new strikes in June could affect students sitting the Leaving and Junior certificates next month.

However, Siptu president Jack O'Connor said he does not expect the Leaving Cert exams to be disrupted. He said the new Minister for Jobs Mary Mitchell O'Connor could bring forward an initiative to break the impasse between the drivers and their employer, Luas operator Transdev.

Luas operator Transdev said light rail services could actually be disrupted for up to 6.5 hours on the days of the four-hour strikes “due to a need to de-commission and re-commission trams”.

“ This is not acceptable and will not be countenanced,” the company said.

The company also warned that the on-going strikes were compromisingthe security of employment of workers.

Meanwhile the Department of Transport said Mr Ross was concerned at the protracted nature of the Luas dispute and the disruption caused to passengers, including Leaving Cert students and their families.

It said the Minister shared and understood the frustration of commuters at the prospect of further stoppages.

“This dispute is between employees, as represented by Siptu, and their private sector employer, Transdev, which is the private company that won the contract to operate the Luas service. The Minister has no function in relation to the employment of these Transdev staff. He does not plan to intervene in the dispute. It is up to the employees and the employer to reach a resolution with each other; if they need external help, then the State has industrial relations institutions which are available to assist. “

Transdev argued that the planned new stoppages were “designed to cause maximum disruption to our customers with minimum loss of pay to the drivers”.

It said it would now “actively review its options in consultation with our legal advisors and will revert to employees and their representatives in the coming days with a considered response”.

The planned new Luas strikes could affect students who are due to commence their Leaving and Junior certificate examinations in June. The State exams begin on June 8th.

A 24-hour strike will take place this coming Friday, May 13th, which will affect the travel plans of about 90,000 passengers.

Further strikes by Luas drivers will take place on Friday May 20th; Thursday May 26th (four hours from 3pm-7pm) and Friday, May 27th.

Siptu, which represents Luas drivers, said the escalation of the industrial action came about as a “a direct result of the employer’s continued refusal to engage in constructive discussions and negotiations to find a fair resolution to the ongoing dispute”.

Siptu sector organiser Willie Noone said: “The members involved have been engaged in a lawful dispute with Transdev since February of this year. This dispute could and would have been avoided if Transdev had been willing to engage positively from the outset of negotiations which commenced almost two years ago.”

“Siptu and the Luas drivers workplace representatives have always remained available to resolve the dispute but unfortunately the employer has not shown a similar willingness. Transdev walked away from the negotiating table, where progress could have been made, on the 25th April last.”

M Noone said Transdev had made threats to the union’s members involved in a lawful dispute of deductions from wages, lay-offs, short time working and removal from the payroll.

“As a result of this action by management our members had no option but to take the decision to escalate the dispute further.”

He said Siptu was calling on management in the company “to withdraw its threats and engage positively with the union and the Luas drivers workplace representatives to resolve the dispute and avoid any further disruption to the service”.

Transdev last month announced that it was unilaterally putting in place a 10 per cent pay cut after drivers failed to lift an ongoing work-to-rule which has been in place for a number of weeks alongside the strikes.

This pay deduction will come into effect in the salaries of drivers due to be paid at the end of May.

Transdev has also warned staff deeper pay cuts could be imposed in the future while it also said it was continuing to consider other options such as lay-offs or short-term work for drivers who continue to strike or work-to-rule.

Staff at the company have already lost their annual 6.5 per cent bonus payment for this year in addition to forfeiting pay for days on which they were on strike when rostered to work.

Transdev managing director Gerry Madden said: "Clearly this is very serious and the continued industrial action is putting the company in a challenging financial position and is compromising the security of employment of all our employees. We remain fully committed to a long term future in Ireland and to fulfilling our legal obligations under the terms of the operating contract.

“The continuation of the campaign of industrial action by our drivers is in stark contrast to the position adopted by the 3 other grades who have clearly taken a reasonable view of what level of pay improvement is achievable during the current operating contract. Regrettably, there is no basis for any third party intervention or for direct discussions while the drivers maintain their current position, which is totally out of line with their colleagues.”

“Our customers cannot continue to be disrupted in this manner and we will need to review all options available to us at this point with a view to bringing this dispute to an end in the interests of our customers, the taxpayers who have funded Luas and the balance of our workforce who are becoming seriously concerned for their future.”

Mr O’Connor told The Irish Times Business Podcast he expects the strike action will “concentrate minds” in the Government.

“The Government, through the Minister for Jobs ...in the industrial relations Act of 1990, under section 38 of that Act, has the right to invoke the services of the Labour Court, or to invoke the services of other people in the event of an issue being of such magnitude [AS LUAS]. It’s an avenue that is open to the Government and there is a requirement for an initiative,” he said.

“The minister of the day, may in certain circumstances, where there are issues in the public interest, request the Labour Court to conduct an investigation or may involve the services of other people.”

Mr O’Connor said the impasse could be broken by resolving issues around productivity and entry level pay for new workers, which is set to be reduced under current proposals.

“There may be space to reach agreement there without people conceding anything,” he said. “I would hope that the Government would take an initiative and … it could be initiated without bringing money to the table.”

Transdev argued that the planned new stoppages were “designed to cause maximum disruption to our customers with minimum loss of pay to the drivers”.

It said it would now “actively review its options in consultation with our legal advisors and will revert to employees and their representatives in the coming days with a considered response”.

Martin Wall

Martin Wall

Martin Wall is the Public Policy Correspondent of The Irish Times.