Labour Court Database __________________________________________________________________________________ File Number: CD87925 Case Number: LCR11648 Section / Act: S67 Parties: COISTE NAOMH CIARAN - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claims for (a) increase in basic wage rates (b) introduction of a meal allowance of #4 for each day the workers are unable to return home before 3 p.m. and (c) payment of skippers rate to a named worker on each day he is required to act as skipper.
Recommendation:
5. The Court having considered the submissions from both parties
does not recommend concession of the claim for a revised rate of
wages.
With regards the claim for skippers rate for one claimant the
Court is of the view that the Coiste offer is reasonable and
should be accepted.
The Court considers that on occasions as outlined to the Court
when the crew are obliged to return to the mainland without a
lunch interval a meal allowance of #4 per person be paid.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD87925 RECOMMENDATION NO. LCR11648
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: COISTE NAOMH CIARAN
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claims for (a) increase in basic wage rates (b) introduction
of a meal allowance of #4 for each day the workers are unable to
return home before 3 p.m. and (c) payment of skippers rate to a
named worker on each day he is required to act as skipper.
BACKGROUND:
2. (1) Coiste Naomh Ciaran are responsible for the operation of
the ferry boat Naomh Ciaran which operates between Cape Clear
Island and Baltimore on the mainland. The boat is owned by the
Minister for the Gaeltacht and chartered to the Choiste. The
operation of the ferry is subsidised by Roinn na Gaeltachta.
(2) At a meeting held on 8th April, 1987, a number of issues were
discussed between the parties. Some items were resolved but no
agreement was possible on the claims listed at 1 above. The Union
is seeking the following wage rates -
Skipper - #186.60 for a five day forty hour week
Assistant Skipper - #160.87 for a five day forty hour week
Deckhands - #148.64 for a five day forty hour week.
These rates are equivalent to those paid to County Council road
overseers, road foremen and road labourers respectively.
(3) The crew work a three week on, one week off basis, are on
call for 24 hours each day and are at present paid a composite
weekly wage as follows -
Skipper - #185.60
Assistant skipper - #172.02
Deckhand - #158.48
(4) The matter was referred to the conciliation service of the
Labour Court on 23rd April, 1987. A conciliation conference was
held on 15th July, 1987. As no agreement was possible both
parties agreed to a referral to the Labour Court for investigation
and recommendation. A Court hearing was held on 15th December,
1987, a date suitable to both parties.
UNION'S ARGUMENTS:
3. 1. Pay Rates While the ferry operates a scheduled service,
the crew are on-call 24 hours a day. There is no limit to
the amount of hours on daily duty. Taking into consideration
the fact that the ferry has to be unloaded and loaded,
berthed etc., the crew work over 80 hours a week. In winter
there are extra problems which have to be faced (details
supplied to the Court).
2. While it is difficult to find a group of workers who have
to do similar work under similar conditions, the Union
believes that the crew members of the Naomh Ciaran should be
treated no less favourably in relation to wage rates than the
relative grades of County Council workers quoted, and
accordingly the Court is requested to recommend that the
workers concerned be paid the rates claimed and that there be
plus payment for the work done in excess of a five day forty
hour week.
3. Meal Allowance The claim for a meal allowance of #4 is
simple and straightforward and the Union is requesting
concession of the claim.
4. Payment of skippers rate The claim that a worker be
paid "skippers rate" for each day he is required to act as
skipper is a very straightforward claim. All the Union is
asking is that he be paid the rate for the job for the days
he is required to do it and there is no valid reason for not
paying him the rate.
EMPLOYER'S ARGUMENTS:
4. 1. Pay rates This claim has been rejected by the Court.
Labour Court Recommendation LCR No. 8511 refers. The Coiste
claims that if anything the workload has been reduced since
the introduction of the new boat in 1982. (Details supplied
to the Court).
2. Composite rates were agreed following Labour Court
Recommendation LCR No's 6033 and 6453. Since 1982 a total
increase of 36.85% has been given to the workers concerned.
This is a very generous increase taking into account the
Coiste's current financial position. (Details supplied to
the Court).
3. Meal Allowance The Court has already accepted that
supplementary payments claims are not consistent with the
nature of the service provided and recommended a composite
rate, to cover the special nature of the job. (Labour Court
recommendations No's 6033, 6453 and 8511 refers). Any
further payments would impose an impossible burden on the
Coiste's already bad financial situation.
4. Claim for Skippers rate There is a skipper and an
assistant skipper employed and the worker concerned is
employed as a deck-hand but occasionally he is asked to take
over as skipper. The Coiste has offered assistant skippers
rates for these periods and they think that is fair and
reasonable.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
does not recommend concession of the claim for a revised rate of
wages.
With regards the claim for skippers rate for one claimant the
Court is of the view that the Coiste offer is reasonable and
should be accepted.
The Court considers that on occasions as outlined to the Court
when the crew are obliged to return to the mainland without a
lunch interval a meal allowance of #4 per person be paid.
~
Signed on behalf of the Labour Court
15th January, 1988 Evelyn Owens
M.D./P.W. Deputy Chairman