LCR11657

Subject:
Working agreement.

Recommendation:
Claim (a) - Fall back and Top Up Holiday Pay.

5. The Court recommends that the fall back be set at five days.

Claim (b) - Payment for Public Holidays.

6. The Court recommends that a public holiday payment be made in
respect of every four boats worked up to a maximum of eight days.

Claim (c) - Nuts to Hay Ratio.

7. The Court recommends that the ratio be set at 1:100.

Claim (d) - Rates of Pay.

8. The Court recommends that the daily rate be increased to #60
and that the payment for hay be at the rate of 1p per bale, or its
equivalent in nuts, over 6,000 bales. The "nuts money" should
continue to be paid at #6 per boat, e.g. for 9,000 bales the
payment would be:-

Daily Rate #60
Hay money #30
Nuts money # 6
-------
TOTAL #96

These rates should be regarded as inclusive of the first annual
increase under the agreement between the ICTU, the FUE and the CIF
recorded under the aegis of the Plan for National Recovery.

Claim (e) - Starting Time.

The Court recommends that the present starting arrangements
continue but that the Company should not be obliged to pay the
workers in respect of time not worked.

Division: CHAIRMAN Mr Collins Mr Devine

Text of Document__________________________________________________________________

CD87608 RECOMMENDATION NO. LCR11657

INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67


PARTIES: REGINALD FREIGHT
(Represented by the Federated Union of Employers)
and

AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION


SUBJECT:
1. Working agreement.

BACKGROUND:
2. Reginald Freight Limited commenced stevedoring operations in
Waterford port in October, 1987 when Clyde Shipping Limited, who
were the stevedoring agents for Reginald Freight, withdrew from
the port. Since that time negotiations have been under way for a
working agreement for the port. Labour Court conciliation
conferences held on 2nd and 22nd July, 1987 failed to resolve the
matter. Agreement has been reached on a number of items but the
following items are outstanding:-

Item Union Position Company Position

Fall back and top Six days Three days
up holiday pay

Public holiday pay Four days at Easter One day for every
Four days at Christmas 5 boats worked up
to a max. of 8

Nuts/Hay Ratio One ton of nuts 1 : 50
equals 120 bales of hay

Rate of Pay Bales of Amount Tiered scale
Hay of payment
0-8499 #51 relating to No.
8500 #61 of bales
9000 #102* loaded.
"Nuts Money" #6 "Nuts Money" #6
*'Double day"

Start time 9 a.m. with .50 hour Report 8.50, start
grace 9.00 no grace.

Wage Round Review now Review on 1/4/88

As these items could not be agreed the matter was referred to the
Labour Court for investigation. A Court investigation was held in
Waterford on 14th October, 1987.

UNION'S ARGUMENTS:
3. 1. When Clyde Shipping announced its withdrawal from
Waterford the Union was assured that the dockers would not be
at any loss as a new stevedore would have to recognise all
agreements and service under "Safeguarding of Employees'
Rights on Transfer of Undertakings", S.I. No 360 of 1980.

2. At a meeting of 29th October, 1986 the manager, the
financial administrator and a director of the Company agreed
in principle to honour all previous agreements applying to
regular dockers.

3. The Union submits that the place of employment did not
change, the method of employment (through the use of a licence
from the Waterford Harbour Commissioners) did not change and
therefore the Company should continue to observe the terms and
conditions of the existing agreements.

4. The equivalent protein ratio of nuts to bales of hay is
1:168 according to an ACOT report. The ratio of 1:120 was a
compromise ratio agreed with Clyde Shipping and it is
important for the future that this ratio be maintained.

5. There has always been half an hour grace allowed for
workers reporting at 9.00 a.m. The work starts at 9.00 a.m.
even if a worker is absent.

6. The workers have not received any wage increase for over
2 years and therefore a wage review should take place now.

7. The workers do not get any extra payment for loading
more than 9000 bales of hay. Often, especially in the time of
Clyde Shipping, 14,000 or 15,000 bales would be loaded.

COMPANY'S ARGUMENTS:
4. 1. The main distinguishing feature between this Company and
Clyde Shipping is the cost of insurance which is spread over a
smaller number of boats (details supplied to the Court).

2. The Company's costings are out of line with other
stevedoring companies (details supplied). The Company has
been involved in an across the board cost-cutting programme
over the past few years.

3. The Company is not under any obligation to keep
agreements made by Clyde Shipping in place. The transfer of a
licence is not governed by the Transfer of Undertakings
Regulations.

4. 4. There is no logic for payment of a "double day" for
loading in excess of 9000 bales of hay (or its equivalent in
nuts), especially if a ship is loaded in the required working
hours. The Company would propose a tiered scale of payment
related to the number of bales loaded.

5. The present minimum fall back of six days is excessive.
The Company is prepared to have a pro-rata schedule in
accordance with the Holidays (Employees) Act, 1973.

6. As the dockers are casual workers they do not have a
public holiday entitlement. However, the Company is prepared
to link this leave to the number of boats worked on an agreed
rate.

7. The present ratio of bales of hay to nuts is 120:1. The
Company has received advice from a farm consultant that the
appropriate ratio is 50:1.

8. The Company cannot tolerate a situation where it would
incur excessive fixed costs regardless of level of activity.
The Company will deal with an estimated 25 boats in 1987,
compared with 100 boats when the Clyde Shipping agreement was
negotiated. The Company is seeking an agreement which
corresponds to its level of business and its operating costs.

9. The Company is prepared to have a review of wage rates
on 1st April, 1988.

RECOMMENDATION:

Claim (a) - Fall back and Top Up Holiday Pay.

5. The Court recommends that the fall back be set at five days.

Claim (b) - Payment for Public Holidays.

6. The Court recommends that a public holiday payment be made in
respect of every four boats worked up to a maximum of eight days.

Claim (c) - Nuts to Hay Ratio.

7. The Court recommends that the ratio be set at 1:100.

Claim (d) - Rates of Pay.

8. The Court recommends that the daily rate be increased to #60
and that the payment for hay be at the rate of 1p per bale, or its
equivalent in nuts, over 6,000 bales. The "nuts money" should
continue to be paid at #6 per boat, e.g. for 9,000 bales the
payment would be:-

Daily Rate #60
Hay money #30
Nuts money # 6
-------
TOTAL #96

These rates should be regarded as inclusive of the first annual
increase under the agreement between the ICTU, the FUE and the CIF
recorded under the aegis of the Plan for National Recovery.

Claim (e) - Starting Time.

The Court recommends that the present starting arrangements
continue but that the Company should not be obliged to pay the
workers in respect of time not worked.
~

Signed on behalf of the Labour Court

John M Horgan
22nd January, 1988 ------------------
R.B./U.S. Chairman