Labour Court Database __________________________________________________________________________________ File Number: CD87621 Case Number: LCR11507 Section / Act: S67 Parties: LIMERICK HARBOUR COMMISSIONERS - and - ITGWU |
Claim on behalf of nine workers, for a wage increase under the 25th wage round.
Recommendation:
5. Having considered the submissions made, the Court recommends
that the proposals put forward by the IRO in his letter of 9th
December, 1986, be accepted by the Harbour Commissioners and the
workers involved.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD87621 THE LABOUR COURT LCR11507
CC861420 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11507
Parties: LIMERICK HARBOUR COMMISSIONERS
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim on behalf of nine workers, for a wage increase under the
25th wage round.
Background:
2. The claim concerns eight pilots licensed by the Limerick
Harbour Commissioners, in accordance with the Pilotage Act, 1913,
to guide ships in the Shannon estuary and one pilot who operates
in Foynes Harbour charges for pilotage are levied in accordance
with the Limerick Pilotage Bye-Laws. Any alterations in pilotage
charges are subject to the approval of the Minister for the
Marine. After the payment of expenses (details supplied to the
Court) the remainder of the pilotage revenue is divided amongst
the pilots and this constitutes their earnings. Pilotage charges
were last increased by 8% on 6th January, 1986. The pilot's
earnings at present is approximately #26,000 per pilot per annum.
On 29th August, 1986 the Union served a claim for a wage increase.
The Commissioners rejected the claim and as no agreement was
reached at local negotiations, the matter was referred to the
conciliation service of the Labour Court. Conciliation
conferences were held on 1st October, 1986 and 18th November, 1986
from which settlement proposals on the basis of a 7% rate increase
from 1st March, 1987 emerged. The settlement proposals were
acceptable to the parties but no rate increase was sanctioned by
the Minister for the Marine for stated reasons. The issue was not
resolved and on 13th August, 1987 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) No retrospection can be applied in relation to any
claim on behalf of the workers owing to the complex
system of calculating increases on tonnage rates. A
method will have to be devised where at least public
service pay increases would apply automatically to the
workers which would resolve problems on payment for the
future.
(ii) Unlike pilots in Dublin, Cork and Waterford the workers
are not on a fixed salary scale. Their salary is based
solely on pilotage dues on ships according to their
nett tonnage. After certain deductions these dues are
pooled and divided among the workers.
(iii) The workers provide a round the clock service every day
of the year for no extra charge. Their task is very
hazardous due to distances travelled and the risk and
danger involved in boarding ships in the outer estuary
in all weather conditions.
(iv) In most European ports, pilot transfers on large
vessels are carried out by helicopter. If that method
was used in the Shannon it would add at least #2,000 to
the cost of servicing each vessel.
(v) The workers are well aware of the importance of keeping
the estuary competitive. Over the past number of
years, the increased productivity of our members has
helped to reduce pilotage cost per nett ton of
shipping. The cost of pilotage per nett ton has been
reduced from 15.4p in 1982 to 12.2p in 1986.
(vi) In the long term shipping in the estuary will be
reduced by the use of natural gas by one of the major
industries and the E.S.B.'s planning regarding oil and
coal. These trends have serious implications for the
workers.
(vii) The workers should be treated the same as other workers
and be allowed to benefit from national wage
agreements.
(viii) Since 1969 there have been 15 national pay agreements.
The pilotage rate has been increased nine times during
that period. All other workers have received increases
under the 25th wage round in the public sector since
1986. The private sector are already in most cases
enjoying benefits under the 27th wage round.
Commissioner's arguments:
4. (a) The consent of the Minister for the Marine is required
to enable pilotage rates to be increased. The
Commissioners made application to the Minister for an
increase in pilotage rates in line with the proposals
which emerged from conciliation. However, on 7th
September, 1987 ministerial sanction was refused.
RECOMMENDATION:
5. Having considered the submissions made, the Court recommends
that the proposals put forward by the IRO in his letter of 9th
December, 1986, be accepted by the Harbour Commissioners and the
workers involved.
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Signed on behalf of the Labour Court
John O'Connell
3rd November, 1987. ------------------
T.O'M./J.C. Deputy Chairman