Labour Court Database __________________________________________________________________________________ File Number: CD86813 Case Number: LCR10883 Section / Act: S67 Parties: COMMRS. OF IRISH LIGHTS - and - ITGWU |
Claim, on behalf of 104 lighthouse tender ratings for parity of subsistance rates with tender officer grades.
Recommendation:
5. The Court having considered the submissions from both parties
and noting the background and method of determining subsistence
allowances in the Irish Lights Services, recommends that the
Commissioners proposals be accepted.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86813 THE LABOUR COURT LCR10883
CC86310 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10883
PARTIES: COMMISSIONERS OF IRISH LIGHTS
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim, on behalf of 104 lighthouse tender ratings for parity
of subsistance rates with tender officer grades.
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.
3. The Commissioners operate two lighthouse tenders for such
purposes as transporting supplies to the offshore lighthouses and
lifting and placing buoys.
The tenders are manned by 32 officers and 104 petty officers and
ratings divided into 4 crews of 34 men each (8 officers and 26
petty officers and ratings) and they work an equal time on time
off system, (i.e. 28 days on duty followed by 28 days on liberty).
4. Since 1972, for officers, petty officers, and ratings, all
meals have been provided free of charge when on duty except when a
tender is out of commission and cooking facilities are not
available. Subsistence is then paid under certain conditions. In
addition, when off duty, a leave food allowance of #3.32 per day
is payable. The regulations which have applied to personnel have
generally been those of the U.K. civil service.
5. Up to 31st July, 1980 three rates of subsistence allowances
under U.K. civil service regulations were payable to officers and
ratings in the tender service:-
Class A (ii): Commander and Chief Engineer.
Class B: Other Officers.
Class C: Petty Officers and Ratings.
6. With effect from 1st August, 1980 Classes B and C in the U.K.
regulations were amalgamated and became known as Class 3. This
amalgamation gave the ratings an increase of 33 1/3% on the night
rate.
7. Subsistence and motor mileage rates and regulations came
under review in 1984 following representations from various groups
within the service. As a result of this, it was agreed that the
Irish civil service rates should apply. The Officers of the
tender service were granted Irish civil service class A and B
rates.
8. The petty officers and ratings in the tender service, on 24th
January, 1986, were offered the rates payable to petty officers in
the Irish naval service with effect from 1st January, 1985.
9. A meeting was held on 5th February, 1986 to discuss this
offer but no agreement was reached since the offer was rejected by
the Union, and the matter was referred to the conciliation service
of the Labour Court. A conciliation conference took place on 25th
March, 1986. The Union continued to reject the Commissioners'
offer and claimed parity of subsistence rates with those paid to
the tender officers. No agreement being reached, the matter was
referred to the Labour Court on 26th September, 1986 for
investigation and recommendation. A Court hearing took place on
20th November, 1986.
Union's arguments:
3. (i) From 1980 up until January 1986, the same rate of
subsistance applied to officers and ratings.
Officers moved onto Class C of the Irish civil
service rates and this rate should apply to ratings
also, since parity has been established.
(ii) The Commissioners were instructed to effect a change
from British civil service rates to Irish civil
service rates for officers and ratings with effect
from August 1983 but the Commissioners continued to
apply and pay British rates for a further 2.50 years,
knowing they were the wrong rates. At no time did
the Commissioners inform the Union of the directive
or the change from British to Irish rates. The
matter only came to light in January, 1986.
(iii) Dockyards are usually located in out-lying districts
where cafes and other meal facilities are limited.
Meals cost the same to both ratings and officers.
Commissioners arguments:
4. (a) The Commissioners have endeavoured to be fair and just
to the lighthouse tender ratings bearing in mind:-
(i) their responsibility to the general lighthouse
fund in the present economic climate,
(ii) that the ratings were allowed to retain their
Class 3 U.K. subsistence, increased and then
frozen on 1st August 1983, until the
appropriate Irish rate became more favourable
on 1st January 1985, so as not to place them at
a disadvantage at the time of change,
(iii) that the Irish rates from 1st January 1985 give
the following increases over the 1983 U.K.
frozen rates:-
Night Rates: #1.25 or 4.6%
Over 10 Hour Rate: #5.96 or 126.8%
Over 5 Hour Rate: #3.11 or 159.5%.
The day rates are those which most frequently
apply.
(b) The Commissioners do not accept that the ratings have
any entitlement to Irish Class B rates. The fact that
since 1980 they shared a common rate with the tender
officers was purely co-incidental. It was not a
negotiated position and simply arose through the
abolition in the U.K. subsistence structure of the old
Class C - a change over which the Commissioners had no
control or influence.
(c) Pay and allowances in this service are now all based on
Irish regulators. Substantial increases are involved
in the rates proposed by the Commissioners for the
ratings.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
and noting the background and method of determining subsistence
allowances in the Irish Lights Services, recommends that the
Commissioners proposals be accepted.
~
Signed on behalf of the Labour Court.
Evelyn Owens
__17th__December,__1986. ___________________
A. K. / M. F. Deputy Chairman