Labour Court Database __________________________________________________________________________________ File Number: CD86764 Case Number: LCR10839 Section / Act: S67 Parties: COMMISSIONERS OF IRISH LIGHTS - and - AEU;NEETU;ETU |
Claim, on behalf of approximately fifty lighthouse technicians for retention of payment of half subsistence rate when required to remain overnight on board a service tender.
Recommendation:
5. The Court having considered the submissions from both
parties, and noting that the parties have agreed that the revised
rates of subsistence should operate from 1st August, 1984, is of
the view that the Company's proposal in relation to the
non-payment of half subsistence rate when on board a service
tender where free food and accommodation are provided and
substitution thereof of a special allowance is fair and reasonable
and should be accepted.
The Court so recommends.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86764 THE LABOUR COURT LCR10839
INDUSTRIAL RELATIONS ACTS, 1964 TO 1976
RECOMMENDATION NO.LCR10839
PARTIES: COMMISSIONERS OF IRISH LIGHTS
AND
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
ELECTRICAL TRADES UNION
AMALGAMATED UNION OF ENGINEERING WORKERS
Subject:
1. Claim, on behalf of approximately fifty lighthouse
technicians for retention of payment of half subsistence rate when
required to remain overnight on board a service tender.
Background:
2. The Commissioners of Irish Lights are the general lighthouse
authority for Ireland and are responsible for maintaining
navigational aids around the coast of the whole island. The
Commissioners derive their funds from Home and Foreign shipping
which pays light dues to the general lighthouse fund. The fund is
administered by the Department of Transport, London. Following
discussions it has been agreed by the British and Irish
Governments that with effect from 1st January, 1987 the latter
will be required to contribute towards offsetting any shortfall in
the cost of operating the service within the Republic of Ireland.
Lighthouse technicians are employed to carry out repairs to
navigational aids and other equipment at the lighthouse depot or
travel to any location on the coast for periods of not normally
more than 28 days to install or maintain plant and machinery as
required. In addition they are required to travel and live on
board either of the Commissioners' service tenders during buoy
placing programmes etc. The regulations which have applied to
personnel have generally been those of the U.K. Civil Service.
There has been a steady move, however, towards local conditions
and local comparisons for pay and allowances. Up until 1972 the
Commissioners applied their own subsistence arrangements with a
review of rates taking place every 4 to 5 years. From 1972 to
1979 the U.K. Civil Service subsistence arrangements applied - the
rates being A, A1, B and C. Electronic technicians were on the B
rate and lighthouse technicians on the C rate. In 1980 a new
system was introduced, i.e. Classes I, 2 and 3. Lighthouse
technicians were placed in Class 3 along with electronic
technicians, an increase of 33 1/3% in subsistence levels for
them. In 1984 there was a changeover to the Irish Civil Service
subsistence rates and the Irish Class B rate was applied to
electronic technicians. The lighthouse technicians sought this
rate also but this was rejected by the Commissioners. If they
were to be placed on the Irish Class C rate they would suffer a
drop in subsistence so the Commissioners offered alternative rates
(details supplied to the Court). These were rejected by the
lighthouse technicians. The Commissioners also proposed to
withdraw the half rate of subsistence which is paid for an
overnight stay on a service tender, and to substitute this by a
payment of a daily special allowance of #3.78. The lighthouse
technicians rejected this proposal. The matters were referred to
the conciliation service of the Labour Court on 22nd January, 1986
and conciliation conferences were held on 18th March, 1986 and
13th May, 1986. Agreement was eventually reached on the question
of rates of subsistence, to operate from 1st August, 1984. No
agreement was reached however, on the matter of half rate of
subsistence for overnight stays on tenders and the matter was
referred, on 2nd October, 1986, to a full hearing of the Labour
Court. The hearing took place on 13th November, 1986.
Union's argument:
3. While the Commissioners are offering #3.78, this figure to be
applicable to all other sections of the service travelling on
board, these other sections are treated more favourably than the
lighthouse technicians. The technicians share a cabin which they
clean and tidy while other sections have private cabins which are
looked after by the steward. Technicians collect their meals from
the galley, eat in the crews mess and clean up afterwards while
other sections have their meals served to them in the officers
mess. For the most part, other sections of the service only use
the tenders as a means of transportation, whereas the technicians
can spend anything up to one month on board working, with no time
off. They return immediately to work at the lighthouse depot
whilst the crew with whom they have been working get equal time
off for time on.
Commissioner's arguments:
4. (a) Because there is extreme pressure on the General
Lighthouse Fund it is essential to ensure that no
unjustified expenditure is incurred. All other groups
within the service have accepted the withdrawal of
subsistence allowance payments when on board lighthouse
tenders where food and accommodation are provided free
of charge, as part of the revision of their subsistence
allowance arrangements and, in these circumstances, the
lighthouse technicians' claim cannot be justified.
(b) The arrangement of paying half subsistence rate took
account of the fact that, while accommodation was
provided free of charge, the cost of meals on board
still had to be met. Company feeding was introduced on
the tenders in 1972 and a nominal charge was struck for
meals provided to other than ships' personnel. The
current charge is #3 per day for four meals against
which the lighthouse technician has been receiving a
subsistence allowance of #13.60 per day. With the
provision of food on board, this allowance should not
have been paid. The purpose of subsistence is to
compensate for the extra cost of food and accommodation
while being away from home on official duty. It is not
intended to be a profit.
(c) The revised rates of subsistence offered are far in
excess of those paid to craftsmen in the Irish Civil
Service or semi-State Bodies.
RECOMMENDATION:
5. The Court having considered the submissions from both
parties, and noting that the parties have agreed that the revised
rates of subsistence should operate from 1st August, 1984, is of
the view that the Company's proposal in relation to the
non-payment of half subsistence rate when on board a service
tender where free food and accommodation are provided and
substitution thereof of a special allowance is fair and reasonable
and should be accepted.
The Court so recommends.
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Signed on behalf of the Labour Court.
Evelyn Owens
___4th__December,__1986. ___________________
A. K. / M. F. Deputy Chairman.