Labour Court Database __________________________________________________________________________________ File Number: CD88390 Case Number: LCR11930 Section / Act: S67 Parties: DUBLIN CARGO HANDLING LIMITED - and - MARINE PORT AND GENERAL WORKERS' UNION |
Claims, on behalf of approximately 150 employees, under the 27th wage round.
Recommendation:
5. The Court, having considered the submissions from the parties,
recommends as follows:-
PAY
3% increase from 1st June, 1987 to 31st December, 1987
plus a further
2% from 1st January, 1988 to 31st May, 1988,
in respect of the 27th round pay claim, the terms of the Programme
for National Recovery to apply from 1st June, 1988.
In view of the terms of the Programme for National Recovery, the
Court does not recommend concession of the claims for reduction in
working hours and increased uncertified sick leave in the context
of this claim.
Division: Ms Owens Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88390 RECOMMENDATION NO. LCR11930
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN CARGO HANDLING LIMITED
AND
MARINE PORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claims, on behalf of approximately 150 employees, under the
27th wage round.
BACKGROUND:
2. The 27th wage round fell due for approximately 150 dockers on
1st June, 1987. At that time negotiations on a variety of issues
were taking place and a claim for an increase in pay under the
27th round was not formally served until October, 1987. The Union
sought an 8% increase for twelve months as well as a reduction in
the working week from 40 to 39 hours or an additional week's
holiday and an increase in uncertified sick leave from three to
six days. No agreement was reached at local level and the matter
was referred to the conciliation service of the Labour Court on
26th January, 1988. Conciliation conferences took place on 28th
March, 1988 and 12th April, 1988. The Company's final offer was
an interim lump sum payment of £200 to cover the period from 1st
June, 1987 to 31st December, 1987 and application of the Programme
for National Recovery (P.N.R.) thereafter. The Company was not
prepared to concede the other claims. No agreement being reached,
the matter was referred to a full hearing of the Labour Court.
The hearing took place on 17th June, 1988.
UNION'S ARGUMENTS:
3. 1. The workers here concerned are a party to a comprehensive
work agreement known as the "blue book". This agreement
covers a three year period from September, 1985 to September,
1988. Under Clause 39.2 the Union is free to claim and
negotiate wage increases during this period of time. The
Company is breaking this clause by attempting to impose the
terms of the Programme for National Recovery prior to
September, 1988. The Deep Sea Section of Dublin Port has also
had its own recovery plan since 1985 and should not have to
participate in a further recovery plan prior to the end of
this agreement.
3. 2. Activity within the Port has increased dramatically since
1985. There has been a 10% reduction in the workforce while
throughput has increased by 50% (details supplied). In May,
1988 the Company Chairman stated that trends were upwards and
that it would seem that the Company is headed for a record
year.
3. There has, in recent times, been total flexibility in the
Deep Sea Section with a consequent improvement in individual
relations and benefits to the Company.
4. Dockers are at a distinct disadvantage vis-a-vis other
employees in relation to guaranteed earnings (details
supplied).
5. There is a general trend throughout Europe and in this
country towards a reduced working week and it is in this
context that this claim is made.
6. The Union is seeking an increase in uncertified sick leave
from three to six days.
COMPANY'S ARGUMENTS:
4. 1. The Company has sustained massive financial losses in
recent years (details supplied). The extent of labour and
related costs, such as insurance is a major problem. This
makes it difficult for the Company to compete successfully and
margins are being reduced to minimal levels. The Company is
not in a position to recover increases in wage costs.
2. Current weekly earnings for dockers compare favourably
with average industrial earnings of semi-skilled workers in
the Dublin area (details supplied).
3. The Company considers its offer to be fair and reasonable,
in all the circumstances. The terms of the P.N.R. have been
applied to 90% of private sector employees for whom
settlements have been reached. Both ICTU affiliated and
non-affiliated Unions are party to these agreements. The
P.N.R. represents a general recognition that a common approach
to social and economic problems is essential in the present
climate. The benefits of increased tax-free allowances,
arising indirectly from the P.N.R. have already been applied
to all workers. Pay pauses have been agreed in some instances
as a lead-in to the P.N.R. but in a minority of cases lump sum
payments or percentage increases have been agreed. A one year
agreement, as claimed by the Union would leave the Company
facing a new claim to cover the period from 1st June, 1988
onwards.
4. 4. The Company cannot afford the increased operating costs
which would result from a reduction in the working week. Most
dockers work only 2½ - 3 days per week on average and are paid
full basic pay for the remaining days. In this context
concession of the claim would be unreasonable. The Company
would be prepared to examine its position in due course since
a reduction of the working week is to be considered in
October, 1988, as part of the P.N.R. Any developments in this
area would have to have regard to the costs involved etc.
5. The Company has a very high rate of absenteeism and to
increase sick leave might hinder progress in this area.
Furthermore, such a development would cause an increase in
costs which the Company cannot afford.
RECOMMENDATION:
5. The Court, having considered the submissions from the parties,
recommends as follows:-
PAY
3% increase from 1st June, 1987 to 31st December, 1987
plus a further
2% from 1st January, 1988 to 31st May, 1988,
in respect of the 27th round pay claim, the terms of the Programme
for National Recovery to apply from 1st June, 1988.
In view of the terms of the Programme for National Recovery, the
Court does not recommend concession of the claims for reduction in
working hours and increased uncertified sick leave in the context
of this claim.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___4th____July,____1988. ___________________
A. K. / M. F. Deputy Chairman