Labour Court Database __________________________________________________________________________________ File Number: CD9287 Case Number: LCR13642 Section / Act: S26(1) Parties: COMMISSIONERS OF IRISH LIGHTS - and - NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION |
Dispute concerning early start payment for general operatives on navigation parties.
Recommendation:
8. The Court notes that the parties confirm that the only issue
in dispute between them is the claim by the Union for payment for
early starts on the return trip (i.e. that hours worked before
0800 hours should be paid at double time as well as the 15.5 hours
at single rate for each day). The Court notes that subject to a
resolution of this issue full agreement on the use of General
Workers on Navigating parties will have been achieved.
The Court has considered the oral and written views of the parties
and finds:-
1. That payment at the composite rate was agreed for hours
worked in 1972 and applied from that date.
2. That in 1987/8 an error resulted in overtime rates being
paid.
3. That the terms of the 1972 agreement remain unchanged.
Accordingly the Court considers that the error which occurred in
1987/8 should not be perpetuated and that navigating parties
(general workers) should be paid as per the terms of the
agreement.
(a) 15.5 hours per day at single time.
(b) to and from a Dublin Dockyard at normal hours plus
overtime as required.
The Court so recommends.
Division: MrMcGrath Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9287 RECOMMENDATION NO. LCR13642
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: COMMISSIONERS OF IRISH LIGHTS
and
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
SUBJECT:
1. Dispute concerning early start payment for general operatives
on navigation parties.
BACKGROUND:
2. Approximately twice a year navigation parties are required to
tow life boats from Dun Laoghaire harbour to the Liffey Marine
dockyard in Dublin for routine maintenance. Various groups of
workers make up the navigation parties and agreements exist
whereby composite rates (15½ hours a day) apply while the workers
are at sea.
3. Starting time is normally 8.00 a.m. but on occasions, if
weather permits, the skipper may require an earlier starting time.
In 1987 and 1988 the workers claimed and were paid three (3) hours
overtime at double time in respect of each early start worked. In
1989 when the workers claimed overtime management rejected the
claim on the grounds that the previous payments were made in error
and that the composite rate covered such payments.
4. The Union rejected this position and in 1990 refused to work a
navigation party invoking Clauses 7 and 8 of the Company/Union
Agreement which the Union maintained gave the workers the option
of working or not on navigation parties. A dispute ensued which
resulted in a full Labour Court hearing (L.C.R. 12984 refers).
5. Following the issue of the Labour Court recommendation a
number of meetings and conciliation conferences were held
culminating in a referral back to the Labour Court for further
investigation and recommendation. A Court hearing was held on 1st
April, 1992. At the hearing the parties indicated that the
payment for early start for general operatives was the only
outstanding issue regarding the operation of navigation parties.
UNION'S ARGUMENTS:
6. 1. The composite rate only covers duties performed after 8.00
a.m.
2. On occasions the workers were required to undertake duties
prior to 8.00 a.m. They claimed and were paid overtime for
these excess hours worked. There was no error involved in
these payments.
3. There is no relationship between these workers and the
other groups of workers on navigation parties as each group
performs different sets of duties.
COMMISSIONERS' ARGUMENTS:
7. 1. The overtime payments were made in error. To continue
such payments would be in breach of existing agreements on
composite rates.
2. The composite rates cover all hours worked on travel.
3. To concede extra payments for this group of workers would
have a knock-on effect on the other groups.
RECOMMENDATION:
8. The Court notes that the parties confirm that the only issue
in dispute between them is the claim by the Union for payment for
early starts on the return trip (i.e. that hours worked before
0800 hours should be paid at double time as well as the 15.5 hours
at single rate for each day). The Court notes that subject to a
resolution of this issue full agreement on the use of General
Workers on Navigating parties will have been achieved.
The Court has considered the oral and written views of the parties
and finds:-
1. That payment at the composite rate was agreed for hours
worked in 1972 and applied from that date.
2. That in 1987/8 an error resulted in overtime rates being
paid.
3. That the terms of the 1972 agreement remain unchanged.
Accordingly the Court considers that the error which occurred in
1987/8 should not be perpetuated and that navigating parties
(general workers) should be paid as per the terms of the
agreement.
(a) 15.5 hours per day at single time.
(b) to and from a Dublin Dockyard at normal hours plus
overtime as required.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
___________________
5th May, 1992. Deputy Chairman
M.D./J.C.