Labour Court Database __________________________________________________________________________________ File Number: CD88437 Case Number: LCR12068 Section / Act: S67 Parties: COMMISSIONERS OF IRISH LIGHTS - and - NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION;ELECTRICAL TRADES UNION;AMALGAMATED UNION OF ENGINEERING WORKERS;IRISH NATIONAL PAINTERS AND DECORATORS' TRADE UNION |
Claim on behalf of approximately 58 technicians and 17 painters for a wage increase under the 26th wage round.
Recommendation:
5. Having regard to the fact that the termination date of the
previous agreement was 31st January, 1987, the Court is of the
opinion that had normal negotiating procedures been adopted a
further increase would have been paid even before negotiations on
the P.N.R. had commenced. The Court therefore considers that the
Unions' case is correct and recommends an increase of 4½% with
effect from 1st February, 1987, in which case the terms of the
P.N.R. will commence with effect from 1st February, 1988.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88437 RECOMMENDATION NO. LCR12068
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: COMMISSIONERS OF IRISH LIGHTS
and
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
ELECTRICAL TRADES UNION
AMALGAMATED UNION OF ENGINEERING WORKERS
IRISH NATIONAL PAINTERS AND DECORATORS' TRADE UNION
SUBJECT:
1. Claim on behalf of approximately 58 technicians and 17
painters for a wage increase under the 26th wage round.
BACKGROUND:
2. The claimants' 25th round expired on the 31st January, 1987
and by letter dated the 5th February, the Unions lodged a claim
for a 26th round wage increase. However, a meeting did not take
place until December, 1987, at which Management offered the terms
of the Programme for National Recovery (PNR) as it applied to the
Public Service. This was unacceptable to the Unions and following
failure to reach agreement at local level, the matter was referred
to the conciliation service of the Labour Court on the 18th April,
1988. A conciliation conference on the 31st May (earliest
suitable date) failed to resolve the issue and on the 14th June it
was referred to the Labour Court for investigation and
recommendation. A Court hearing was held on the 1st September,
1988 (earliest suitable date).
UNIONS' ARGUMENTS:
3. 1. The proposals put forward by Management in December, 1987,
were the terms of the PNR which was agreed between the various
bodies in October, 1987, and was not therefore, a response to
the Unions' claim of February, 1987.
2. By calling the terms of the P.N.R. the 26th wage round,
Management is eroding the claimants' wages as set against
other employments i.e. CIE concluded terms for a 26th wage
round and is currently served with a claim for the application
of the P.N.R. Had Management concluded an agreement on the
Unions' terms, the claimants would benefit by extra percentage
points when entering the P.N.R. Furthermore, there are quite
a number of employments still operating on a 27th round who
have not yet entered the P.N.R.
3. Clause 1.2 of the section dealing with pay states
"this Agreement shall operate for a period of three and a
half years and shall commence on the expiry date of
current agreements."
Therefore, it is the Unions' contention that their claim on
the 26th round, dated the 5th February, 1987, is the current
agreement and only on its expiry should the terms of the
P.N.R. be implemented.
4. The increases received by craftspeople employed in the
Local Authorities, Health Boards, Government departments,
Universities, VEC Schools and Voluntary Hospitals in December,
1987, and July, 1988, totalling £4.63 would erode any
competitiveness in wage rates achieved by the claimants during
the 25th round. Furthermore, it should be noted that the
claimants are not Public Service employees.
COMMISSIONER'S ARGUMENTS:
4. 1. The Commissioners derive their funds from home and foreign
shipping (details supplied). It has been agreed by the
British and Irish Governments that, with effect from 1st
January, 1987, the Irish Government is required to contribute
towards offsetting any shortfall in the cost of operating the
service within the Republic of Ireland. As a result of
recession in the shipping industry, the service has been
placed under severe financial and budgetary constraints.
2. After the PNR was ratified in November, 1987, the terms of
the Agreement on Pay in the Public Service were offered to all
employees from the expiration of their 25th round agreements
i.e with effect from 1st February, 1987 for the industrial
workforce at the Lighthouse depot and on the coast and from
the 1st July, 1987 for all other employees. The five month
difference between the two groups is by virtue of the fact
that the industrial employees have always had a two month lead
on the rest of the workforce and then a further three month
improvement was achieved by shortening the duration of their
24th wage round.
3. Implementation of the Commissioner's proposals has already
been accepted and formally agreed by lightkeepers, lighthouse
tender officers, lighthouse tender ratings,
executive/administrative grades, professional/technical grades
and clerical grades. There are 375 personnel (74% of the
total employees) covered by these categories. Each pay round
in this service has been in step with the pay round applying
in the public service.
4. The Unions' claim that the Commissioners' delay in making
an offer on the expiry of the 25th wage round caused them to
miss out on a wage round is not sustainable. In almost every
pay round there has been a delay between the expiry date of
the previous round and the issuing of Government pay
guidelines. The Commissioners cannot negotiate on pay with
any of its employees until a trend in public service pay
settlements becomes apparent or Government Guidelines are
issued.
5. Bearing in mind the nature of the service provided by
Irish Lights and the conditions of employment of their
employees (details supplied to the Court), the Commissioners
consider that they are correct in applying the terms of the
Agreement on Pay in the Public Service under the PNR as the
26th round. The terms were that it should operate for a
period of 3½ years and commence on the expiry date of current
agreements. They strongly contend that no case exists for
granting special treatment to the claimants. The general
workers referred a similar claim to the conciliation service
in March, 1988 and they are awaiting the findings of this
Court hearing.
RECOMMENDATION:
5. Having regard to the fact that the termination date of the
previous agreement was 31st January, 1987, the Court is of the
opinion that had normal negotiating procedures been adopted a
further increase would have been paid even before negotiations on
the P.N.R. had commenced. The Court therefore considers that the
Unions' case is correct and recommends an increase of 4½% with
effect from 1st February, 1987, in which case the terms of the
P.N.R. will commence with effect from 1st February, 1988.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
19th October, 1988 Deputy Chairman.
D.H./J.C.