Labour Court Database __________________________________________________________________________________ File Number: CD9130 Case Number: LCR13241 Section / Act: S67 Parties: CORK HARBOUR COMMISSIONERS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union to have 6 berthing masters up-graded from category 2 to category 3 of the Commissioners' grading system.
Recommendation:
5. The Court having considered all of the views of the parties,
in particular the manner in which the rationalisation was
undertaken in 1987 and the previous changes in relationships of
this grade to others, the Court finds no grounds for concession of
the Union claim and accordingly rejects it.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD9130 RECOMMENDATION NO. LCR13241
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: CORK HARBOUR COMMISSIONERS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union to have 6 berthing masters up-graded from
category 2 to category 3 of the Commissioners' grading system.
BACKGROUND:
2. Berthing masters attend the arrival, shifting or sailing of
all vessels in the port and ensure that adequate clearance is
provided for vessels length and draft. There are six berthing
masters employed by the Commissioners who engage in activities on
a continuous basis over a 24 hour/7 day week period (with
provision for shift/standby/time-off). They operate on a thirty
six day cycle. In the early seventies parity existed between the
berthing masters' basic rate of pay and the bosuns' rate. In
1986, the Commissioners conceded the Union's claim for increases
in pay for bosuns on the understanding that adjustments in other
differentials being paid would not be created. This was accepted
by the Union. In 1987 there was a rationalisation in the number
of wage rates and job titles operated by the Commissioners,
resulting in a reduction to just 5 categories on the grade scale.
Berthing masters were put into category 2 and bosuns were put into
the higher category 3. The Union claims that the berthing masters
were re-graded wrongly at category 2 during the rationalisation
and that the responsibilities of the job warrant up-grading to
category 3. The Commissioners reject the claim. No agreement was
reached at local level discussions and the matter was referred on
23rd April, 1990 to the Conciliation Service of the Labour Court.
Conciliation conferences were held on 1st June, 1990, 11th
October, 1990 and 7th December, 1990 but no agreement was reached.
The Union requested a full Labour Court hearing. The
Commissioners agreed and the dispute was referred on
31st December, 1990 to a full hearing of the Labour Court for
investigation and recommendation. The hearing took place in Cork
on 13th February, 1991.
UNION'S ARGUMENTS:
3. 1. Since 1974 there was a relativity between berthing
masters' and bosuns' rates of pay. When the grades were
re-classified during the rationalisation in 1987, the Union
was not aware of the relativity. The Commissioners were
aware of this relativity and it was morally wrong of them not
to make the Union aware of it. When the Union subsequently
learned that a relativity had existed it sought its
application but despite the involvement of the Labour Court
in 1988, the Commissioners refused to reach agreement on the
matter.
2. The berthing masters were incorrectly classified as
category 2 during the rationalisation. Other workers were
incorrectly classified at that time and following
negotiations with the Union they were re-classified to their
proper category. The Commissioners should acknowledge that
the berthing masters were classified wrongly and up-grade
them to category 3.
3. Berthing masters have a highly responsible job with a
detailed job specification. They work unsocial hours and can
be on 24 hour call. Their responsibilities and duties
compare favourably with other operatives who are graded as
category 3 and the berthing masters should be up-graded
accordingly.
COMMISSIONERS' ARGUMENTS:
4. 1. An agreement did exist whereby the berthing masters'
basic rate had parity with the bosuns' rate. In 1986 this
parity was broken by mutual agreement when the Commissioners
conceded special claims by the Union on behalf of bosuns.
The special claims were conceded on the basis that there
would be no repercussive effects on any other rate and this
was accepted by the Union. Any claim for parity between the
two grades from 1986 onwards is therefore invalid.
2. When the rationalisation took place in 1987 the berthing
masters were classified correctly as category 2. No mistake
was made in the classification which the Union accepted at
the time. The Union's claim that it was not aware of the
relationship between the berthing masters' and the bosuns'
rates of pay is not acceptable. In any event, the
relationship had ended before 1987.
3. Parity between berthing masters and bosuns was
terminated in 1986 with the agreement of the Union. When the
Union agreed to the rationalisation in 1987, it accepted the
different classifications for both groups. The Union should
not now seek to re-establish old relativities which have been
broken by mutually accepted written agreements.
4. The Union's claim would have serious repercussive
effects on other categories of workers and would undermine
the present established pay rates and grades. The claim is
not self financing and does not involve any additional
productivity or flexibility.
RECOMMENDATION:
5. The Court having considered all of the views of the parties,
in particular the manner in which the rationalisation was
undertaken in 1987 and the previous changes in relationships of
this grade to others, the Court finds no grounds for concession of
the Union claim and accordingly rejects it.
The Court so recommends.
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Signed on behalf of the Labour Court
28th March, 1991 Tom McGrath
A.S./M.O'C. _______________
Deputy Chairman