Labour Court Database __________________________________________________________________________________ File Number: CD86845 Case Number: LCR11073 Section / Act: S67 Parties: COMHARCHUMANN OILEAN ARAINN - and - ITGWU |
Claims for improved wage rates under the 25th wage round and for adequate manning levels so as to allow for holiday relief in respect of five crewmen who operate the ferry service between Aranmore Island and Burtonport.
Recommendation:
5. Insofar as the claims as made by the Union is concerned the
Court recommends that an increase of 5% be implemented
retrospective to the 1st March, 1986, to operate for a period of
15 months. The Court further recommends that insofar as
arrangements for holidays are concerned the parties should
endeavour through discussion to ensure that they are implemented
within the spirit and intent of clauses (a), (b) and (c) of
Section 6(1) of the Holidays (Employees) Act, 1973.
The Court notes the financial circumstances of C.O.A. Mhor Teo in
relation to the claim and to the continued running of the ferry.
It also notes how essential the service is as a requirement in the
area concerned and recommends that all the bodies involved in the
running of it should endeavour to make funds available in order to
regularise the overall position.
Division:
Text of Document__________________________________________________________________
CD86845 THE LABOUR COURT LCR11073
CC86636 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11073
Parties: COMHARCHUMANN OILEANN ARAINN MHOR TEO
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claims for improved wage rates under the 25th wage round and
for adequate manning levels so as to allow for holiday relief in
respect of five crewmen who operate the ferry service between
Aranmore Island and Burtonport.
Background:
2. The ferry service went into operation in August, 1984. The
boat is owned by Udaras Na Gaeltachta, who have given the
operation of the service, hiring of crew, maintenance etc to the
local island co-op. The service has been subsidised by Udaras na
Gaeltachta since its inception. There is a crew of five with the
minimum on board being three. The rates of pay are #160 aweek for
crewmen and #200 for the skipper. They work five week cycle,
seven day week - two weeks on one week off, 1 week on and one week
off. The 25th wage round is due from 1st March, 1986. The Union
claimed an increase of 7% over 12 months and that an extra worker
with skipper qualifications be employed on a full or part-time
basis to cover for holidays. The Company made no offer and
referred the claim to Udaras na Gaeltachta. A meeting was held
between the Union, the Company and Udaras na Gaeltachta in
September, 1986, at which no progress was made. The matter was
referred to the conciliation service of the Labour Court on 8th
April, 1986. A conciliation conference was held on 17th July,
1986 which was adjourned to allow the above mentioned meeting to
take place. The conciliation conference resumed on 21st October,
1986. As no agreement could be reached both parties agreed to
refer the issue to the Labour Court for investigation and
recommendation. A Labour Court hearing was held in Letterkenny on
25th February, 1987 a date suitable to both parties.
Union's arguments:
3. (a) Pay increase:
The workers have a high degree of responsibility, and
in addition the boat has a modern navigation system and
hydraulic loading ramp which requires a degree of
technical skill and efficiency to operate.
(b) There is a lot of extra work involved other than
presence on deck such as routine maintenance of
engines etc. The workers are also responsible for the
safe voyage of thousands of passengers each year.
(c) Manning Level:
At the moment workers who are on leave are covered by
other workers who forfeit their rest days as agreed on
roster. This is most unsatisfactory as it means that
workers providing cover are working excessive hours
which could give rise to fatigue and working such hours
is a calculated risk on a sea going craft.
(d) The workers are entitled to time off and are requesting
that adequate manning levels are provided for holiday
relief.
Company's arguments:
4. (i) The Company are in debt and have been since the
inception of the ferry service. The subsidy which it
receives from Udaras na Gaeltachta is insufficient to
meet the running costs of the service (details supplied
to the Court). Udaras na Gaeltachta who depend on
their finance from Roinn na Gaeltachta and ultimately
the Department of Finance have stated that due to
Government cut backs their allocation of finance has
been reduced.
(ii) The situation is so serious at the moment that if
finance is not forthcoming in the immediate future the
boat will have to be tied up. The Company cannot meet
the Union's claims as it has no money.
RECOMMENDATION:
5. Insofar as the claims as made by the Union is concerned the
Court recommends that an increase of 5% be implemented
retrospective to the 1st March, 1986, to operate for a period of
15 months. The Court further recommends that insofar as
arrangements for holidays are concerned the parties should
endeavour through discussion to ensure that they are implemented
within the spirit and intent of clauses (a), (b) and (c) of
Section 6(1) of the Holidays (Employees) Act, 1973.
The Court notes the financial circumstances of C.O.A. Mhor Teo in
relation to the claim and to the continued running of the ferry.
It also notes how essential the service is as a requirement in the
area concerned and recommends that all the bodies involved in the
running of it should endeavour to make funds available in order to
regularise the overall position.
~
Signed on behalf of the Labour Court
Evelyn Owens
_________________________
Deputy Chairman
26th March, 1987
M.D./J.C.