The Labour Court has issued proposals aimed at resolving the Ianród Éireann dispute which disrupted transport for thousands of passengers last month.
The 520 drivers have been in dispute with Ianród Éireann in pursuit of payment for productivity measures conceded in recent years. They are also seeking a shorter working week.
The dispute triggered a three-hour strike on last month's bank holiday, though a second scheduled strike was called off at the 11th hour after both sides agreed to attend the Labour Court.
Following yesterday's hearing, Labour Court Chairman Kevin Duffy has recommended that Iranród Éireann management and unions should engage in further talks about issues of productivity.
He proposed a process of negotiation on productivity, taking into account all changes and efficiencies generating verifiable and auditable savings which continue to accrue to the company, but which have not previously been compensated for.
However, he noted that measures that were taken into account in earlier collective agreements should be disregarded.
He proposed the establishment of a management/union working party facilitated by an agreed independent expert in the field of productivity measurement. He set an indicative time frame of four months for this work.
On the working hours issue, Mr Duffy recommended that a comparison or "benchmarking" exercise should be undertaken to examine the totality of terms and conditions applicable to locomotive drivers in the UK and Northern Ireland equivalent undertakings proposed by the unions. Those drivers enjoy a shorter working week.
However, he stressed that this exercise would be carried out without prejudice to the position of either party on what should follow from the results of that exercise.
Again, he recommended that it should be undertaken by a working party facilitated by the Workplace Relations Commission and with the assistance of such expert independent advisors as may be considered necessary.
He said the outcome should form the basis for further negotiations between the parties.
However, Mr Duffy stressed: "It should be clearly understood that participation in this exercise cannot be construed as implying a commitment to make adjustment in the terms and conditions of those associated with this claim on foot of the information obtained."
He concluded by saying that if these processes do not resolve the dispute, the parties may refer the issues back to the Labour Court for a final recommendation.
NBRU General Secretary Dermot O'Leary said: "Whilst we will ballot our members on the outcome, we do welcome the fact that the Labour Court has recommended that both of our issues should be fully examined by an independent assessor.
"Whilst the Company have been busying themselves spinning a line about the possibility of increased earnings from future productivity we have remained steadfast in advancing the issues that Train Drivers want addressed.
Mr O'Leary went on to say: "It's for our members to now decide, but being presented with an opportunity to measure like with like in terms of Railway Operations in neighbouring jurisdictions will give Train Drivers a platform which will hopefully bring closure to the long standing claim for a reduction in the working week."
The NBRU will now ballot members on the Labour Court recommendation, which could take around two weeks.
In a statement tonight, Ianród Éireann said it "welcomes the constructive proposals by the Labour Court to allow for the issues referred to the Court to be independently assessed in their totality rather than through any narrow or selective focus, and we look forward to engaging constructively in that process".
