Labour Court Database __________________________________________________________________________________ File Number: CD87715 Case Number: LCR11699 Section / Act: S67 Parties: DUBLIN CARGO HANDLING LIMITED - and - MARINE PORT AND GENERAL WORKERS' UNION;SEAMEN'S UNION OF IRELAND |
Claim by the Unions on behalf of 4 Gearmen for an improved sick pay entitlement and attendance bonus.
Recommendation:
5. The Court recommends that the Company offer and Gearmen accept
the sick pay benefits and bonus equivalent to those enjoyed by
Fork lift drivers in settlement of this claim.
Division: CHAIRMAN Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87715 RECOMMENDATION NO. LCR11699
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN CARGO HANDLING LIMITED
and
MARINE PORT AND GENERAL WORKERS' UNION
SEAMEN'S UNION OF IRELAND
SUBJECT:
1. Claim by the Unions on behalf of 4 Gearmen for an improved
sick pay entitlement and attendance bonus.
BACKGROUND:
2. Prior to the formation of the Company, in 1983, the 4 Gearmen
were employed by various stevedoring companies in Dublin port.
The pay and conditions enjoyed by employees varied from one
organisation to another. On 3rd February, 1987, the Union lodged
a claim that the Gearmen should enjoy up to 6 months' sick pay and
some form of attendance bonus similar to that paid to other
groups. The Unions contended that the workers traditionally had 6
months sick pay, but that an agreement negotiated in 1985, mainly
for dockers and checkers, reduced the entitlement to 11 weeks.
The Unions also believed that there is a basic inequity in this
small group not having an attendance bonus. The Company, however,
contended that the sick leave entitlement was only 8 weeks and has
now been increased to 11 weeks. The Company argued that the
Gearmen do not have an attendance bonus because they have
considerably higher basic pay than the other groups. On 28th May,
1987, the dispute was referred to the conciliation service of the
Labour Court. As agreement was not achieved at a conciliation
conference held on 9th July, 1987, the matter was referred to the
Labour Court, on 24th September, 1987, for investigation and
recommendation. A Court hearing took place on 22nd October, 1987.
Subsequent to the hearing, correspondence was exchanged between
the parties and the Court, the last of which was received by the
Court on 1st February, 1988.
UNIONS' ARGUMENTS:
3. 1. The Unions maintain that the Company has withdrawn the
sick pay entitlements that the Gearmen have had for years. An
undertaking had been given that when the Company was set up,
the benefits that the employees received from the firms being
taken over by the Company would be maintained. The Company
has broken this agreement with these workers.
3. 2. No negotiations or discussions took place with the
Gearmen. They were not aware that the benefit had been
reduced until one of their number went sick.
3. The Gearmen are the only group not included in the
attendance bonus scheme. The Unions cannot accept the
Company's refusal to concede this bonus, in line with that
already agreed for all other groups who, like Gearmen,
contribute to the overall operation.
COMPANY'S ARGUMENTS:
4. 1. It is the Company's view that there is no evidence that
the Gearmen have had better benefits than those they now
enjoy. The Unions have failed to produce any documentary
evidence to substantiate their case.
2. The Gearmen enjoy the same sick pay arrangements that were
negotiated in 1985, for other groups in the organisation. The
scheme currently provides for 11 weeks pay, to be extended to
13 weeks in 1988. The Company would envisage that the Gearmen
would also enjoy this improvement.
2. The Company can see no justification for the introduction
of an attendance bonus. Throughout the history of the port,
the Gearmen have never had a bonus but have enjoyed a basic
rate of pay that is higher than the dockers.
3. Since 1985, the Company has been seeking a reduction of
one Gearman as a result of the downturn in activity. In the
event of a redundancy being achieved, the Company would be
prepared in principle to enter into discussions with the
Unions on the introduction of such a scheme, which would be
financed by this cost reduction.
RECOMMENDATION:
5. The Court recommends that the Company offer and Gearmen accept
the sick pay benefits and bonus equivalent to those enjoyed by
Fork lift drivers in settlement of this claim.
~
Signed on behalf of the Labour Court
John M. Horgan
__18th__February,__1988. ___________________
B. O'N. / J. C. Chairman