Labour Court Database __________________________________________________________________________________ File Number: CD9244 Case Number: LCR13548 Section / Act: S20(2) Parties: DUBLIN CARGO HANDLING LIMITED - and - MARINE PORT AND GENERAL WORKERS UNION |
A dispute regarding manning levels for a new mechanical hopper.
Recommendation:
3. The Court having considered the submissions of the parties,
oral and written, the report of the Chairman of the Grievance
Procedure, and having inspected the crane and hopper on site finds
as follows.
The crane and hopper are a single piece of equipment. The hopper
is an integral part of the crane. The control of the crane and
the hopper are appropriate to the staff of the Dublin Port and
Docks Board. In coming to this conclusion the Court has taken
into account the operation of cranes and hoppers in the port and
the operation of discharging vessels to conveyers. Accordingly
the Court concurs with the findings of the Chairman of the
Grievance Procedure that the terms of the Comprehensive Agreement
lay down in Clause 23.2 that the appropriate manning level is five
men per gang per gear, the methods of operating the new crane are
such that the employment of a sixth or "button man" is not
necessary nor are they covered by Clause 23.6 which relates only
to the specific circumstances provided therein.
The Court would however also concur with the remarks of the
Chairman regarding consultation.
The Company are well aware of the sensitive nature of manning
levels issues. The dispute therefore was foreseeable and the
Court considers that if full consultation had preceded the
introduction of this equipment a dispute might well have been
avoided.
The Court recognising the very difficult financial situation in
the Company at this time calls on the employees, in the interest
of maintaining employment and the future of the Company, to
implement this recommendation immediately.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD9244 RECOMMENDATION NO. LCR13548
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: DUBLIN CARGO HANDLING LIMITED
and
MARINE PORT AND GENERAL WORKERS UNION
SUBJECT:
1. A dispute regarding manning levels for a new mechanical
hopper.
BACKGROUND:
2. A Labour Court investigation into the above mentioned dispute
took place on 24th January, 1992. A site inspection took place at
the Company premises on 3rd February, 1992. The recommendation as
set out below was issued on 5th February, 1992.
RECOMMENDATION:
3. The Court having considered the submissions of the parties,
oral and written, the report of the Chairman of the Grievance
Procedure, and having inspected the crane and hopper on site finds
as follows.
The crane and hopper are a single piece of equipment. The hopper
is an integral part of the crane. The control of the crane and
the hopper are appropriate to the staff of the Dublin Port and
Docks Board. In coming to this conclusion the Court has taken
into account the operation of cranes and hoppers in the port and
the operation of discharging vessels to conveyers. Accordingly
the Court concurs with the findings of the Chairman of the
Grievance Procedure that the terms of the Comprehensive Agreement
lay down in Clause 23.2 that the appropriate manning level is five
men per gang per gear, the methods of operating the new crane are
such that the employment of a sixth or "button man" is not
necessary nor are they covered by Clause 23.6 which relates only
to the specific circumstances provided therein.
The Court would however also concur with the remarks of the
Chairman regarding consultation.
The Company are well aware of the sensitive nature of manning
levels issues. The dispute therefore was foreseeable and the
Court considers that if full consultation had preceded the
introduction of this equipment a dispute might well have been
avoided.
The Court recognising the very difficult financial situation in
the Company at this time calls on the employees, in the interest
of maintaining employment and the future of the Company, to
implement this recommendation immediately.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
4th February, 1992. Deputy Chairman
J.F./J.C.