Labour Court Database __________________________________________________________________________________ File Number: CD9297 Case Number: LCR13679 Section / Act: S26(1) Parties: GALWAY HARBOUR COMMISSIONERS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the payment of overtime.
Recommendation:
7. The Court gave careful consideration to the oral and
written submissions of both parties.
The Court acknowledges that it has been custom and practice of
long duration for the category of worker concerned to carry out
the function of handling ships in and out of Galway Docks.
The Court cannot, however, approve a situation where workers are
paid for duties not carried out by them. In the specific case
before the Court there was a conflict of evidence whether or not
timetables were readily available to the workers.
As a compromise in this particular case the Court recommends
that a payment of £1,155 be made by the Harbour Commissioners to
be divided between the workers concerned.
Provision should be made in the future to ensure that payment be
made only for work carried out.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD9297 RECOMMENDATION NO. LCR13679
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: GALWAY HARBOUR COMMISSIONERS
(Represented by the Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the payment of overtime.
BACKGROUND:
2. For many years three(3) Harbour workers were required to be
on duty outside normal working hours to handle ships entering
Galway Harbour. The three workers were paid overtime for this
duty (details supplied to the Court). The Commissioners paid
the overtime and they then invoiced the respective shipping
companies.
3. In April, 1991, O'Brien Shipping took over the running of
the Aran Islands ferry from C.I.E. who had been operating the
ferry for the previous thirty years. The new owners paid the
overtime up to September, 1991 when they wrote to the Harbour
Commissioners advising them that they would not be paying
overtime in future as the workers were not working the overtime
and they (O'Brien Shipping) had hired their own worker to carry
out the duties. No overtime was paid to the workers for the
period 16th September, 1991 to 19th October, 1991.
4. The Union claimed overtime for this period on the basis
that the workers were available but unable to work because they
were not notified of the sailings. The Commissioners rejected
the claim and the dispute was referred to the Labour Relations
Commission on 23rd October, 1991. A conciliation conference was
held on 15th January, 1992. As no agreement was reached, the
Commission, with the consent of the parties, referred the
dispute to the Labour Court for investigation and recommendation
under Section 26(1)(a)(b) of the Industrial Relations Act, 1990.
A Court hearing was held in Galway on 21st May, 1992.
UNION'S ARGUMENTS:
5. 1. It is a long-standing practice that the handling of
ships in Galway Harbour is carried out by this particular
group of workers. They have always being available to
carry out these duties. However in this instance they were
not informed of the times of sailings.
2. If the present practice is changed it could have
repercussions on the earnings of the workers (details
supplied to the Court).
COMMISSIONERS' ARGUMENTS:
6. 1. The shipping company is not prepared to pay for a
service it does not avail of or require.
2. The Harbour Commissioners are not in a position to pay
for notional overtime.
3. The manning levels in the Harbour emerged in the
distant past when the technology was different. The
present ship is smaller than its predecessor and therefore
does not require the same manning when docking and
undocking.
RECOMMENDATION:
7. The Court gave careful consideration to the oral and
written submissions of both parties.
The Court acknowledges that it has been custom and practice of
long duration for the category of worker concerned to carry out
the function of handling ships in and out of Galway Docks.
The Court cannot, however, approve a situation where workers are
paid for duties not carried out by them. In the specific case
before the Court there was a conflict of evidence whether or not
timetables were readily available to the workers.
As a compromise in this particular case the Court recommends
that a payment of £1,155 be made by the Harbour Commissioners to
be divided between the workers concerned.
Provision should be made in the future to ensure that payment be
made only for work carried out.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
12th June, 1992
M.D./N.Ni.M. Deputy Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.