Labour Court Database __________________________________________________________________________________ File Number: CD86896 Case Number: ARB866 Section / Act: S67 Parties: STAFFORD SHIPPING - and - ITGWU |
Dispute concerning an increase in tonnage rates for four cranemen.
Recommendation:
5. The Court has considered the submissions made by the parties.
The Court notes the acknowledged flexibility and co-operation of
the workers concerned given under the 1979 Agreement but does not
accept that comparisons made between earnings on particular
occasions with the earnings of casual workers are valid support
for the claim.
In order to maintain the continued efficient working of the
operation the Court does recommend that, together with the offer
to raise the tonnage ceiling for bonus purposes to 500,000 tons
already made the bonus should be increased to 1.60p per ton with
immediate effect this amount to be adjusted in future in line with
adjustments in the basic rate in accordance with existing
practice.
Division: Mr O'Connell Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD86896 THE LABOUR COURT ARB6/86
Section 70 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
ARBITRATION NO. 6 OF 1986
Parties: STAFFORD SHIPPING LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning an increase in tonnage rates for four
cranemen.
Background:
2. The Company operate stevedoring and crane facilities mainly at
their own private wharves at New Ross. In 1979, an agreement was
signed between the Company and the Union with regard to bonus
payments based on tonnage handled by crane. The bonus tonnage
scheme is operative since 1st January, 1979. The present rate of
1.407p per tonne is divided among the four cranemen, and is
payable to a maximum of 400,000 tonnes. In January, 1986 the
Union on behalf of the workers concerned claimed an increase in
the rate to 1p per tonne per craneman and the elimination of the
maximum tonnage. The Company rejected the claim for an increased
rate but offered to increase the maximum tonnage to 500,000. This
was unacceptable to the Union and the matter was referred to the
conciliation service of the Labour Court on 25th June, 1986. A
conciliation conference was held on 16th October, 1986 (the
earliest date suitable to the parties). As no agreement was
possible it was agreed to refer the matter to the Labour Court for
an arbitration hearing under Section 70 of the Industrial
Relations Act, 1946. A Court hearing took place in Waterford on
26th November, 1986.
Union's arguments:
3. (a) The cranemen are very inadequately compensated for the
exceptional degree of flexibility and versatility which
the Company receives from them (details supplied to the
Court).
(b) When it is considered that dockers and cranemen are
completely interdependent in achieving a high level of
performance (details of ships handled and daily
earnings per man supplied to the Court), it can be
easily understood why cranemen consider their earnings
in respect of these ships to be unacceptable.
(c) The total tonnage handled by the port has increased
steadily over the years with a corresponding increase
in the tonnage handled by the cranemen. With the
increased profitability the extra tonnage brings, it is
difficult to see any logical defence for the Company's
refusal to eliminate the tonnage limit.
Company's arguments:
4. (i) The 1979 Agreement is fair and reasonable and yields a
substantial weekly bonus to the cranemen. The rate per
tonne was adjusted upwards by the Labour Court in 1982,
and there have been no circumstances in the meantime to
warrant any special increase over and above the base
rate increases.
(ii) There is ever increasing pressure on our type of
business from other ports, which means that our rates
must be attractive to our customers. It is therefore
imperative that the Company remains competitive.
(iii) The Company is happy that the tonnage agreement, which
was negotiated between the respective parties in 1979,
represents a fair and reasonable benefit for the
cranemen, and we therefore seek a favourable
recommendation from the Court.
ARBITRATION:
5. The Court has considered the submissions made by the parties.
The Court notes the acknowledged flexibility and co-operation of
the workers concerned given under the 1979 Agreement but does not
accept that comparisons made between earnings on particular
occasions with the earnings of casual workers are valid support
for the claim.
In order to maintain the continued efficient working of the
operation the Court does recommend that, together with the offer
to raise the tonnage ceiling for bonus purposes to 500,000 tons
already made the bonus should be increased to 1.60p per ton with
immediate effect this amount to be adjusted in future in line with
adjustments in the basic rate in accordance with existing
practice.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
Deputy Chairman.
4th December, 1986.
M.D./J.C.