SIPTU has warned Luas operator Transdev that it will not be “found wanting” in responding if the company proceeds with lay-offs, short-time working or pay deductions outlined in a letter to staff last Monday.
In that letter the company placed all workers involved in the pay dispute on protective notice with immediate effect.
It also warned workers could face short-time working, layoffs and pay deductions, as well as breach of contract proceedings for only part-performing their employment contracts.
In a responding letter sent today, SIPTU Organiser John Murphy expressed outrage at the tone of the Transdev letter.
He said the union does not accept that members can be employed on a day to day basis as suggested in the Transdev letter, or that a situation exists such that lay-offs or short-time working are necessitated .
Mr Murphy stated that in light of that, the union disputes the company's right to give notice of those measures.
He claimed that Transdev does not have the right to give notice of lay-off or short-time working without SIPTU' s agreement.
Mr Murphy denied the company's claim that significant duties which are an integral part of members' contracts of employment or their collective agreement are not being performed.
He continued: "We note you have been extremely careful not to state what those duties are and we can only draw the appropriate conclusion for your failure to do so."
Mr Murphy stressed that members will not accept pay cuts and would consider any proposed cuts to be unlawful under the Payment of Wages Act. He warned that any attempt to breach that act will be met with the "appropriate" response - though he said they hoped that will not be necessary.
He said it is regrettable but not surprising that the Transdev saw fit to issue the letter - but says SIPTU remains available to negotiations and to resume the normal industrial relations process.
He concluded by stating: "Finally we must advise that should Transdev proceed to take any action, as threatened in yours of 12/4/2016, against any of our members engaged in this lawful dispute, this union and our members will not be found wanting in taking the necessary steps to defend our members and their dispute."
In Monday's letter, Transdev Managing Director Gerry Madden gave SIPTU and the employees until this Sunday to accept a pay deal lower than that negotiated at the Workplace Relations Commission, which had been almost unanimously rejected.
He warned that staff who continue the industrial action after 24 April would face pay deductions.
A further eight days of strikes are scheduled for later this month and in May.
