PRIVATISATION of Bus Routes
FREQUENTLY ASKED QUESTIONS
Members are advised that we have been fielding a number of queries regarding the above issue over the last number of weeks. We have decided to encapsulate those queries into a question and answer format, the following are indicative of the questions we have been asked, it is not however intended to be an exhausted list:
1. What was discussed at the LRC?
• There is a clear distinction between discussions and negotiations, the NTA made it abundantly clear from the outset that they were not at the LRC to negotiate.
Consequently we adopted a position of not negotiating on facilitating a privatisation policy.
Notwithstanding this we highlighted a number of areas where we felt that what was being attempted here was not even practical never mind legally sound, (more of which anon).
Among those issues were:
Pension
• The impracticality of expecting a worker to transfer to a private firm without continued pension entitlements. From the outset of the discussions we advanced a position whereby we would not agree for any Dublin Bus/Bus Éireann staff to transfer under TUPE.
Terms & Conditions
• The NBRU view on this particular issue was one which would involves Social Clauses, similar to Germany, where the collective agreements in Bus Transport (Dublin Bus/Bus Éireann) would be the established norm across all providers, i.e. that all Bus Workers would be treated equally/level playing pitch. Incidentally we have no fundamental issue here with the proposal being advanced by others to have a Registered Employment Agreement (REA) for the industry, we understand that legislation may be pending to re-establish the legal standing of REA’s, having been previously been deemed not to have statutory effect by the Supreme Court.
However it is important to continue to bear in mind our fundamental and outright objection to any member of staff transferring from Bus Éireann or Dublin Bus.
Engagement on route selection/Phasing of Industry Growth.
We took the view that rather than targeting existing routes the NTA should look at future growth and the potential to use that as a source for satisfying the Fine Gael/Labour Government policy of market entry (2006 position).
2. Why did we withdraw from the LRC Process?
We withdrew on the basis that having raised a number of issues, in particular potential alternatives and the lack of clarity around 2019, we were met with nothing but brick walls and an exercise in kicking the can down the road.
3. Are the NBRU prepared to negotiate a scenario whereby a number of Bus Drivers will Transfer to a Private Operator?
• Again we have to be crystal clear on this particular issue: This Trade Union will not negotiate or accept the transfer of any current employee of Dublin Bus or Bus Éireann to a private operator in order to facilitate a Government sponsored privatisation grab of legislatively protected Public Bus Services.
4. Why serve notice of intention to initiate High Court Proceedings?
• The NBRU has been consistent in our view that the basis for what the NTA are attempting is not legally sound.
• We made it abundantly clear to the previous Minister, Leo Varadkar, his then Junior Minister Alan Kelly and the current Minister Paschal Donohue, that both Dublin Bus and Bus Éireann have legislatively supported entitlements to maintain current fleet size and current routes.
• Just simply allowing a cobbling together of a flimsy or convenient agreement around this 10% actually misses the point, which is that the future of the CIE Group and the concept of having Publicly-owned Transport Companies is under direct threat.
• We consistently highlighted the fact that we have been here before when the Fianna Fail/PD Government attempted to privatise 25% of Dublin Bus in 2003. This led to a NBRU led campaign (supported by other Trade Unions) which ultimately led to discussions around market entry for private operators with the caveat that Dublin Bus and Bus Éireann would maintain current activities/fleet and market growth would facilitate private entry on an agreed basis (2006).
• We contend that subsequent Dublin Transport Authority Act (2008 DTA Act) incorporated this position into the legislation.
• All correspondence with Ministers and Department of Transport Officials both prior and post the enactment of the 2008 Act supported the Direct Awarding of contracts to continue to provide public bus services that both Bus Companies currently provide.
• This remained the position prior to the present Fine Gael/Labour Government assuming office.
(5) Are there risks associated with taking High Court Proceedings?
• There are always risks and ‘for and against’ arguments when it comes to deciding on a policy, however one thing we are absolutely clear on is: to do nothing, or make an arrangement to facilitate ‘just 10%’ on the basis of a nod and a wink that “sur lads ye’l be grand in 2019, we won’t come after anymore of ye’re routes” would not alone be farcical but would, we contend be a dereliction of our obligations to our members. Furthermore, entering such an ‘arrangement’ would be done on the basis of a ‘political’ fix and would have no basis in law.
(6) Are we prepared to engage in Industrial Action against Government Policy
• The NBRU previously balloted members for Industrial Action against Government Privatisation Policy in 2003, we are currently conducting a ballot in order to seek a mandate for Industrial Action up to and including Strike.
The foregoing may not cover all of the questions members may have; further information will issue in the coming days and week and will be available on nbru.ie
Issued by the NBRU
54 Parnell Square
NBRU
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“THE UNION for TRANSPORT WORKERS