Labour Court Database __________________________________________________________________________________ File Number: CD87915 Case Number: LCR11654 Section / Act: S67 Parties: COMMISSIONERS OF IRISH LIGHTS - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of approximately 80 Tender Ratings for: (A) The refund of travelling expenses and other costs when reporting to the Lighthouse Depot on official business. (B) Alteration of the existing Sick Pay Scheme to cover the #10 hospital charge.
Recommendation:
9. Having considered the submissions made by the parties, the
Court recommends the payment of fares to and from home to Ratings
in respect of reporting to the Lighthouse Depot in accordance with
Section 10(d) of the Interim Agreement on Pay and Conditions.
10. The Court does not recommend concession of the claim in
relation to the payment of hospital charges.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87915 RECOMMENDATION NO. LCR11654
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: COMMISSIONERS OF IRISH LIGHTS
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of approximately 80 Tender
Ratings for:
(A) The refund of travelling expenses and other costs when
reporting to the Lighthouse Depot on official business.
(B) Alteration of the existing Sick Pay Scheme to cover the
#10 hospital charge.
GENERAL BACKGROUND:
2. The Commissioners of Irish Lights are the general lighthouse
authority for Ireland and are responsible for maintaining
navigational aids around the coast of the whole island. The
Commissioners derive their funds from Home and Foreign shipping
who pay light dues to the general lighthouse fund. The fund is
administered by the Department of Transport, London. Since 1st
January, 1987 the Irish Government has contributed towards the
offsetting of any shortfall in the cost of operating the service
within the Republic of Ireland. At present the Commissioners
operate 2 Lighthouse Tenders for the purpose of transporting
supplies to the offshore lighthouses and the lifting and placing
of buoys. The Tenders are manned by 32 Officers and 104 Petty
Officers and Ratings, divided into 4 crews of 8 Officers and 26
Petty Officers and Ratings. The Ratings work 28 days on-duty
followed by 28 days liberty. In August, 1987, the Union lodged
the above mentioned claims with the Commissioners. Local level
negotiations failed to resolve the matter and on 1st October,
1987, it was referred to the conciliation service of the Labour
Court. As agreement could not be reached at a conciliation
conference held on 16th November, 1987 the matter was referred on
26th November, 1987, to the Labour Court for investigation and
recommendation. A Court hearing took place on 12th January, 1988.
BACKGROUND: CLAIM A
3. If on roster and not at sea, due to tender maintenance or
refit, the Ratings report for duty between 11.00 a.m. and 12 noon
each day. If not required they return home. The Union claim that
the Ratings should be refunded the travelling costs incurred.
These costs had been covered by the Commissioners when claimed,
however, this was stopped during 1987. The Commissioner's
rejected the claim on the grounds that there is a requirement that
its Ratings live in the home port area, therefore it would be
illogical to pay travelling costs. The Commissioners accepted
that there had been occasions when costs have been refunded but
this occurred by way of an administrative error.
UNION'S ARGUMENTS: CLAIM A
4. 1. The Union is of the view that while the ratings have to
report to the Depot every morning with full kit and in full
readiness to travel if required, the travelling costs should
be reimbursed as this must be classed as official business,
as per Clause 12 of the Interim Agreement on Pay and
Conditions made between the parties. (See Appendix A).
2. When a Tender is in dock for maintenance, the Ratings
assigned to work on the vessel's equipment at the Dun
Laoghaire Depot, are paid public transport fares to and from
home. The Union believes that the Ratings who have to report
but not stand-by should also be paid transport fares, as this
must be classed as official business.
3. The granting of this claim would not cost as much as the
Commissioners maintain. Over the next 2 years a lot of the
staff are mooted to be made redundant. This would reduce all
of the Commissioner's costs.
4. Many of the Ratings have, over the last 7 years, been
refunded for monies spent on bus fares while reporting to the
Depot. This practice was stopped by the Commissioners in
1987.
COMMISSIONER'S ARGUMENTS: CLAIM A
5. 1. The ports of Dublin/Dun Laoghaire are designated as the
Tender's home ports and the majority of the Ratings live
within this area. It has long been the case that Ratings
attached to home based vessels must report for duty at their
own expense. Travelling expenses within the home port area
are not payable.
2. When a Tender is undergoing a refit, the duty Ratings are
divided into 3 categories:
(a) those standing-by the vessel;
(b) those assigned to work on the vessel's equipment;
and
(c) those standing-by at home.
The Ratings in category (a) are paid travelling expenses in
accordance with Clause 10 of the Agreement. (See appendix
b). Those in category (b) are, exceptionally, paid public
transport fares because they are required to work at the
Depot. Ratings in category (c) are travelling within the
home port and as such are not entitled to travelling
expenses.
3. The Union have referred to Clause 12(b) of the Agreement
which states:
"Expenses will be paid to and from home port (Dublin/Dun
Laoghaire)".
However, this clause relates to travel between the ship and
home port, i.e. when the vessel in away from its home port
and not travel within the home port area.
4. It is the Commissioner's contention that category (c)
Ratings, who are in receipt of the overtime and on-board
allowances normally only paid on-board ship, and are required
to do no more than report at Dun Laoghaire have no claim for
travel expense. If payment were to be made in these
circumstances the way would be opened for further claims.
BACKGROUND: CLAIM B
6. The Union believes the Commissioners should cover the newly
introduced #10 hospital charges, arguing that many employers have
made adjustments to their sick pay/V.H.I. schemes to cater for the
charge. The Commissioners are of the view that the new charges
are the responsibility of the individual and therefore
re-imbursement could not be considered.
UNION'S ARGUMENTS: CLAIM B
7. 1. The Union believes that the new hospital charge should be
covered by the existing Sick Pay Scheme. This Scheme is a
comprehensive one and the cost of including the hospital
charge would be minor.
2. A number of companies have made arrangements in respect
of this charge by offering to cover employees under the
V.H.I. Public Plan, (details provided to the Court). The
cost of this plan is #9.40 per annum for a simple person and
#24 per annum for a married couple with 2 children.
Therefore, even if the charge could not be covered under the
Sick Pay Scheme, participation in the V.H.I. Public Plan
could not be seen as an enormous financial burden for the
Commissioners, especially in view of the major redundancies
expected over the next 2 years.
COMMISSIONER'S ARGUMENTS: CLAIM B
8. 1. The existing Sick Pay Scheme is a generous one, whose
main purpose is to assist with medical costs. The
Commissioners consider that the new charge is a form of
Government levy to supplement existing health charges which
are collected through the social insurance system. Refunding
the new charges would be analogous to refunding actual health
charges included in the P.R.S.I. contribution.
2. It is possible to insure against the charge through the
V.H.I. The premium can be paid in easy instalments through
the group scheme in operation within the organisation. Staff
were advised of this on 30th July, 1987.
3. The Commissioners do not contribute to the cost of V.H.I.
premiums for any group of employees, even those for whom they
provide no medical cover. The knock-on effects of conceding
the claim would be totally unacceptable in all the
circumstances.
RECOMMENDATION:
9. Having considered the submissions made by the parties, the
Court recommends the payment of fares to and from home to Ratings
in respect of reporting to the Lighthouse Depot in accordance with
Section 10(d) of the Interim Agreement on Pay and Conditions.
10. The Court does not recommend concession of the claim in
relation to the payment of hospital charges.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
__________________________
20th January, 1988
B.O'N./J.C. Deputy Chairman.
APPENDIX A
TRAVELLING AND SUBSISTENCE
12(a) Ratings travelling on official business are expected to
complete all journeys as quickly and as economically as
possible making full use of public transport where it is
available. 2nd Class rail/boat fares and bus fares will be
paid; in claiming for taxi fares it will be necessary to
state why a taxi was taken and where possible submit a
receipt for same.
12(b) Expenses will be paid to and from home port (Dublin/Dun
Laoghaire).
12(c) The travelling and subsistence rates are shown in Schedule
III.
12(d) The normal time for the departure from the home port is
0830 hours. Official transport is provided for the reliefs
to ensure the exchange of personnel in one day. If the bus
arrives in Dublin/Dun Laoghaire after public transport has
ceased taxis will be permitted to local addresses from
suitable points in Dublin/Dun Laoghaire. As far as
possible the one taxi should be used for personnel living
in the same locality.
APPENDIX B
TENDER IN DOCKYARD
10(a) The Commissioners reserve the right to man the Tenders as
necessary while in a Dockyard.
10(b) The period of Dockyard will count as on duty and shore
leave will only be permissible at the Commissioner's
discretion.
10(c) When a Tender is in a Dublin Dockyard and the Ratings'
quarters are not habitable the appropriate day subsistence
and fares will be paid. When a Tender is undergoing
refit/repairs in any other dockyard the appropriate rate of
subsistence/lodging allowance will be paid for 24 hour
periods when quarters are not habitable.
10(d) Ratings not required to stand by their vessel in Dockyard
will be required to be available to travel to the other
vessel for relief duty as required. The arrangements for
reporting to the Lighthouse Depot are to be complied with.
In the event of unavailability due to sickness or domestic
problems the Office is to be notified immediately.