Siptu has warned Luas operator Transdev that it will "not be found wanting to take steps to defends its members", if the company imposes pay cuts or lays off staff involved in the current industrial dispute.
In a letter to Transdev managing director Gerry Madden on Friday, Siptu said it did not accept that the company could employ its workers on a day-to-day basis in the future.
Earlier this week Transdev placed all Luas staff on protective notice and warned of pay deductions if the current wave of strikes at Dublin’s light rail system continued.
In the letter, Siptu said that it did not accept that a situation existed such that lay offs or short-time working were necessitated.
“We therefore dispute your right, if any, to give notice of same. Furthermore, you do not have the right to give notice of lay off or short-time working without the agreement of the union.”
Duties clarification
In the letter, Siptu official John Murphy said that while Transdev had claimed that staff were not performing significant duties that were integral to their contracts of employment, the company had been careful not to state what these duties actually were.
“We can only draw the appropriate conclusions for the reason of your failure to do so.”
Siptu said it did not accept that members were only “part-performing” their contracts of employment as claimed by the company.
The union also said it would not accept pay cuts being imposed on members who were engaged in industrial action.
Payment of Wages Act
It said any such move by the company would be unlawful under the Payment of Wages Act.
“Any attempt to breach this Act will be met with the appropriate response from this union which we hope will not be necessary.”
Mr Murphy said in the letter that should Transdev seek to implement any of the proposed measures it put forward earlier this week against Siptu members working on the Luas system, the union would not be found wanting in taking the necessary steps to defend our members and their dispute.”
Minister's concern at threat
Earlier on Friday, Minister for Transport Paschal Donohoe expressed concern at this week's threat by Luas operator Transdev to recoup the cost of its industrial dispute from employees.
Transdev said in a letter to employees last Tuesday that if strikes continued beyond April 24th it would reserve the right to seek to recover the costs of the dispute from staff engaging in industrial action after that point.
Speaking on RTÉ's Morning Ireland on Friday, Mr Donohoe said the Labour Court or the Workplace Relations Commission (WRC) were the only places where the Luas dispute could be resolved.
When asked if he had been aware of Transdev’s plans to send a letter to staff warning they were on protective notice, the Minister replied: “I was aware of the possibility of this happening, but I am not a shareholder. Some of the things that Transdev talked about I would not like to see happening.”
Staff fines
He added he was not happy with the prospect of staff being fined by Transdev.
“We have a norm in how industrial relations should be resolved.”
He said he hoped that Siptu would respond to Transdev and that further channels will be opened where the dispute can be resolved.
Siptu has accused the company of escalating the dispute by breaking off all talks and threatening the livelihoods of its members .
“This move makes a negotiated settlement to this dispute even more remote,” it said.
Strike action is currently planned for the following dates: Saturday, April 23rd; Sunday, April 24th; Thursday, April 28th; Wednesday, May 4th; Friday, May 13th; Friday, May 20th; Thursday, May 26th (Four hour work stoppage from 3pm–7pm); and Friday, May 27th.
