Labour Court Database __________________________________________________________________________________ File Number: CD87659 Case Number: LCR11506 Section / Act: S67 Parties: LIMERICK HARBOUR COMMISSIONERS - and - ITGWU |
Claim for the payment of a stand by allowance and increased payments for call out.
Recommendation:
5. The Court is of the opinion that insofar as times of the work
are dictated by tidal movements and are thus foreseeable a claim
for stand-by or call-out allowance cannot be sustained. The Court
therefore does not recommend concession of the Union's claim.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD87659 THE LABOUR COURT LCR11506
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11506
Parties: LIMERICK HARBOUR COMMISSIONERS
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim for the payment of a stand by allowance and increased
payments for call out.
Background:
2. The claim concerns four workers who operate the dock gates in
Limerick dock, which is enclosed and situated on a tidal estuary.
The workers work on a roster system (details supplied to the
Court) and receive a shift premium of 25%. Shipping movements are
confined to the two hour period immediately before high tide. The
dock gates are opened at the start of this period and closed at
the time of high water. This normally involves a call-out of
approximately 2 hours and the workers are paid 2 hours normal
overtime rate for the call-out. The Union served the above
mentioned claim on the Commissioners.
The Commissioners rejected the claim. No agreement was reached
through local negotiations and on 15th May, 1987 the matter was
referred to the conciliation service of the Labour Court. A
conciliation conference was held on 25th June, 1987 at which a
proposal was made that a stand by allowance of #21.85 per week in
line with Limerick Corporation be paid with no call allowance.
This proposal was not acceptable to the Commissioners but they
offered to pay normal overtime where a worker was called out but
was not used. This was not acceptable to the Union. On 20th
August, 1987 the Union requested that the issue be referred to the
Court. On 31st August, 1987 with the agreement of the
Commissioners, the case was referred to the Court for
investigation and recommendation. A Labour Court hearing was held
on 30th September, 1987 in Limerick.
Union's arguments:
3. (i) The workers attendance to open the dock gates is
vitally important to ensure the safety of shipping
using Limerick docks. In addition the workers also
have security duties at the entrance to the docks.
(ii) The workers have to make themselves available in their
turn at any time of the day or night, when required in
the event of a ship being due. The only payment they
receive extra is two hours at overtime rates.
(iii) In an age where recreational time is recognised as
essential the workers are required to stay at home at
week-ends, to make themselves available to carry out
their duties, without any extra remuneration. It is a
recognised fact now in industry as a whole that extra
payments are made to workers who find that their
services are required outside normal working hours.
The same guidelines apply in local authorities all over
the country in relation to stand-by allowance and a
minimum of 3 hours at normal overtime rates is paid to
workers employed by those authorities. Transport is
also provided to cover the duties.
(iv) The Labour Court, has recognised the position of
workers expected to provide a service to their
employer, in the past by previous recommendations. The
workers are expected to make their own arrangements
when needed at any time of the day or night when coming
and going to Limerick Docks.
(v) The Union's claim for a stand-by allowance and an
increase in the payment of two hours at overtime rates
should be conceded to adequately compensate the workers
for providing a valuable service to Limerick Harbour.
Commissioners' arguments:
4. (a) The manning of the dock gates on overtime as required
has always been an accepted part of the dock gateman's
duty.
(b) The workers' earnings are appreciably higher than those
of other employees of the Commissioners. Any increase
in their pay would disrupt existing relativities.
(c) The term "call-out" is a misnomer because there is no
element of emergency involved. The nature of the rotas
is dictated by times of shipping which are affected by
tides and weather.
(d) Any change in the present method of payment would have
an alarming effect on running costs at Limerick docks.
It is also important to note that the work at the dock
gates largely involves security duties and is not
arduous in nature. The Commissioners are prepared to
offer to review the current system of rostering for the
ties. This is a reasonable course of action.
RECOMMENDATION:
5. The Court is of the opinion that insofar as times of the work
are dictated by tidal movements and are thus foreseeable a claim
for stand-by or call-out allowance cannot be sustained. The Court
therefore does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
3rd November, 1987 ----------------
T.O'M/J.C. Deputy Chairman