THE High Court will give judgment today on whether CIE's £6 million cost cutting viability plan for Bus Eireann is in breach of the 1986 Transport Act. CIE unions are preparing for a national transport strike over management proposals to extend the plan to all of its constituent companies.
Yesterday members of the National Bus and Rail Union (NBRU) voted by more than 10 to one for strike action because of CIE's refusal to pay the latest increase due under the Programme for Competitiveness and Work. The union has already set December 6th for the first of a series of one day strikes.
The company wants to tie payment of the increase, worth 2.5 per cent, to a commitment from the unions that they will agree to its viability plan for all three subsidiaries before April 1st next. The overall cost is £44 million.
The vote of the NBRU comes as no surprise; it is traditionally the most militant CIE union. Although it represents only 20 per cent of employees it organises most of the drivers, who are the key group within the company.
The other CIE unions are also holding strike ballots on the company's attempt to link payment of the 2.5 per cent to acceptance of the viability plan. The result is a foregone conclusion, given the anger amongst the workers at the company's decision not to pay what is, in effect, a cost of living increase under a national pay agreement.
However, the other CIE unions had been attempting to negotiate with the company. Last week, when no progress was made at the Labour Relations Commission, the matter was referred to the Labour Court.
It looked as if a hearing mighty have been held tomorrow.
In the event the NBRU, which is not a member of the Irish Congress of Trade Unions or the CIE group, decided to ballot on industrial action instead. The other unions quickly followed suit and it will now be difficult for the Labour Court to intervene.
The results of the other ballots will be known on November 29th. It will be a major surprise if the result is not an endorsement of strike action by a similar majority to that in the NBRU.
Today's High Court judgment, from Mr Justice Kelly, is on a completely different issue. But the fact that the NBRU felt it was necessary to go to the courts shows how bad industrial relations have become in the CIE group.
Mr Justice Kelly will adjudicate on how far CIE can go in making its drivers engage in non driving duties. The ruling will be closely studied, not just by the CIE unions and management, but by employers and unions throughout the State.
It is the first time the High Court has been asked to make a ruling on an attempt by a company to alter the working conditions - as opposed to the contract of employment - of staff.
Many unions have criticised the NBRU for going to court. They fear that, if the judgment goes against the NBRU, it could open to floodgates to other changes in CIE.
The company would then be able to invoke the court ruling to push changes through.
However the NBRU points out that, if it had not gone to court, the company had planned to introduce the changes anyway from October 14th and both sides would already have been locked in dispute.