A new row has broken out between the Irish Locomotive Drivers' Association and Iarnrod Eireann about the appeals procedures for ILDA members facing disciplinary hearings.
Until a clarification emerges from the court, it is unlikely disciplinary hearings for at least some of the eight ILDA drivers at the centre of the current dispute can be concluded.
The ILDA/ATGWU branch secretary, Mr Brendan Ogle, says the Labour Court opinion on appeals procedures provides for his own union, the ATGWU, to be represented at the appeals hearing, while the company says union representation must be from SIPTU and the National Bus and Railworkers' Union (NBRU).
The Labour Court opinion states: "The court is of the view that the company should afford each individual employee access to the appeals tribunal in the manner it is presently structured and operates."
The company says the present structures allow for only SIPTU and NBRU representation, as these are the recognised unions for train-drivers. Iarnrod Eireann is expected to seek clarification from the court.
However, Mr Ogle says it would be nonsensical for his members to attend a tribunal where they were represented by unions they had not belonged to for three years.
He said members "will attend the appeals tribunal as presently structured, in accordance with the Labour Court opinion and to clarify the way the appeals tribunal is structured, which is by an employee facing a disciplinary hearing being represented by his trade union, which again is in accordance with the Labour Court opinion, which includes the ATGWU."