THE National Bus and Rail Union was granted High Court permission yesterday to seek a judicial review of Bus Eireann's decision to implement a new viability plan from Monday.
Mr Rory Brady SC, who applied on behalf of 400 union members and two named drivers, told Mr Justice Smyth that workers had also balloted for industrial action.
The company was not entitled as a matter of law to alter conditions of service of members without union agreement, he said.
The matter was adjourned until next Monday to allow Bus Eireann an opportunity to reply to the union's claims.
Mr Brady said the union had been aware of Bus Eireann's financial difficulties.
The company decided to implement a viability plan and a significant reorganisation of Bus Eireann was anticipated.
The company proposed to introduce the plan next Monday. Mr Brady submitted that under Section 14 of the Transport (Reorganisation of Coras Iompair Eireann) Act 1986, the company was not entitled to alter or vary conditions of service of those members of the NBRU transferred from CIE to Bus Eireann without their consent.
Mr Brady said that because of the industrial relations background at the time of the breakup of CIE, the union and workers were given protection by what was effectively a power of veto under Section 14 of the Act.
Mr Brady said the two drivers, Mr Michael Rafferty, of Mullaghdun, Monaghan, and Mr Frank Ward, of Coonagh, east Limerick, had originally been employed by CIE and had been transferred to Bus Eireann.
Under the plan their conditions of work would be altered.
The union, he said, contended it had exhausted all avenues and was relying on a breach of the statute.
Mr Peter Bunting, general secretary of the NBRU, in an affidavit, said the statutory guarantees in the 1986 Act were a reassurance that the terms and conditions of employment enjoyed by trade union members would not have been rendered nugatory by any act of the newly formed subsidiaries or varied or limited without union agreement.
The viability plan would dramatically affect the terms and conditions of Bus Eireann drivers.
Their function was to convey passengers but they would have to undertake other tasks not associated with drivers from Monday next.
Mr Bunting said the union had recognised for some considerable time the need for an extensive review of work practices in Bus Eireann.
The decision to implement the viability plan next Monday was beyond the powers of Bus Eireann and a breach of the 1986 Act.
The company and union met eight times in August and September to reach agreement on how to implement the plan.
Mr Justice Smyth said it was clearly a case in which the union and drivers were entitled to seek leave for a judicial review.