Labour Court Database __________________________________________________________________________________ File Number: CD92418 Case Number: LCR13752 Section / Act: S26(1) Parties: OFFICE OF PUBLIC WORKS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Rates of pay. 2. Regrading of Lockkeepers. 3. 5 day working over 6 days, optional overtime Sunday.
Recommendation:
9. The Court has considered the submissions made by the parties
and is satisfied that the issues before it have not been fully
considered by the parties in the course of the negotiations to
date.
In the circumstances the Court recommends that the parties resume
negotiations without further delay subject to the following:
(a) That the Office of Public Works implements the Local
Authority Rate in accordance with the terms of L.C.R.
3726 without further delay. The question of the
retrospective application to be negotiated directly by
the O.P.W. and the Union.
(b) That the matter of the grading of the Lockkeepers should
be dealt with directly by the parties, if necessary with
assistance of the I.P.C. or similar body.
(c) That the terms of the offer in respect of Working Hours
and Sunday Working made by the Board following the
hearing and since accepted by the Union, be implemented
immediately.
(d) That the workers concerned commence working within the
terms of the amended bye-laws immediately.
Division: Mr O'Connell Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92418 RECOMMENDATION NO. LCR13752
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: OFFICE OF PUBLIC WORKS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. 1. Rates of pay.
2. Regrading of Lockkeepers.
3. 5 day working over 6 days, optional overtime Sunday.
GENERAL BACKGROUND:
2. The workers concerned are employed by the O.P.W. as
Lockkeepers on the river Shannon. They have responsibility for
regulating traffic as it passes through the locks and movable
bridges. They collect toll charges and keep records of traffic
and are responsible for accounting for the monies collected. They
work a 39 hour week, on a 6 day basis with compulsory Sunday
overtime. The 39 hour week is averaged over the year so that
there is a long working week during the peak summer period and a
shorter working week during the winter period. In November, 1991,
the Union raised a number of issues on behalf of the Lockkeepers
and in particular the effect the recent agreement for General
Operatives would have on Lockkeepers' pay. The new Shannon
Navigation bye-laws came into force in April, 1992, under which
substantial increases in toll charges were introduced. The
Lockkeepers refused to collect these charges pending the outcome
of their pay claim. Local level discussions failed to resolve the
issue and the matter was referred to the Labour Relations
Commission. A conciliation conference was held on 19th June,
1992 and as no agreement could be reached the matter was referred
to the Labour Court on 7th July, 1992. The Court hearing took
place on 28th July, 1992.
Claim 1. Rates of Pay
BACKGROUND:
3. In 1975 the Labour Court issued Recommendation L.C.R. No. 3726
under which the rate of pay of the Lockkeepers was set at the
County Council General Operative rate (counties adjoining the
Shannon were used to establish this rate) plus 10% for unsocial
hours and extra responsibility. The Union claims that the General
Operatives have received a number of special increases which have
not been applied to Lockkeepers. The O.P.W. rejected the claim.
UNION'S ARGUMENTS:
4. 1. Developments in Local Authority pay have been lost sight
of in relation to Lockkeepers' pay.
2. There is a difference of approximately #7.33 in the Local
Authority rate of pay and that of Lockkeepers. The O.P.W.
accept this but are unwilling to pay retrospection.
3. The 1975 agreement should be implemented with full
retrospection.
O.P.W.'S ARGUMENTS:
5. 1. Recommendation L.C.R. No. 3726 established a link between
Lockkeepers' pay and those of Local Authority General
Operatives in specific areas. This rate of pay has applied
ever since.
2. In 1980/1981 there was a "rationalisation" of Local
Authority pay rates and new grading structures were set up.
Lockkeepers rates of pay were adjusted at that time.
3. There was no claim whatever of this nature made on behalf
of the Lockkeepers since 1980/1981.
4. An agreement covering General Operatives nationally which
linked their pay to the Construction Industry Federation
rates, was concluded in 1991. There was never any link
between them and the Lockkeepers, therefore Lockkeepers' pay
is not due to be revised as a result of this agreement.
5. Lockkeepers' pay has been revised in line with all special
pay increases awarded to Local Authority General Operatives.
There is no case for retrospection. There may be a case for
restoring the relationship with current local authority pay
rates.
Claim 2. Regrading of Lockkeepers
5. The grade of Lockkeeper is equal to the grade of General
Operative in Local Authority areas outside of Dublin. Taking into
account movements in Local Authority areas outside of Dublin,
where grades have been introduced to reflect responsibility, the
Union are seeking the regrading of Lockkeepers to that of
Driver/Plant Operator B.. The Union claims that their present
grade does not take into account their skills, responsibility and
job value. The O.P.W. rejected the claim.
UNION'S ARGUMENTS:
6. 1. Recent legislative initiatives illustrate the importance
of the Shannon navigation system and Lockkeepers will have an
enhanced role to play under the new Shannon navigation
bye-laws.
2. Lockkeepers will be given extensive powers under Section
3(2). The O.P.W. have stated that:
(a) They would be appointed as an "authorised officer"
and would have the powers of an authorised officer
under B.C.D.E. of Section 3(2).
(b) They would have a role in ensuring compliance with
the bye-laws.
3. The successful implementation of the bye-laws will depend
to a large extent on the tact, wisdom and fortitude of the
Lockkeepers, especially since charges are to increase by 600%.
4. There is a substantial increase in the volume of traffic
on the Shannon since 1975. Commercial renting companies have
emerged and Lockkeepers now have to contend with a large
influx of foreign visitors and the related language problems.
5. General Operatives, Boatmen etc, have received and will
receive substantial increases in pay as a result of the
rationalisation/regrading agreement while Lockkeepers have
been left out in the cold. General Operatives in the O.P.W.
will be paid more than Labourers. Lockkeepers who have a role
to play in implementing major legislation affecting the
Shannon continue to be graded as Labourers.
O.P.W.'S ARGUMENTS:
7. 1. There is no justification in the Union's claim. The work
of Driver/Plant Operator B involves the driving/operation of
heavy machinery, most of which involves a preliminary
training/qualifying period or the possession of a specific
type of licence (H.G.V.).
2. The Driver/Operator B rate of pay applies only to a
relatively small percentage of the workforce who operate very
heavy machinery, or drive the heaviest type of vehicle.
3. The 1991 agreement covering general operatives
specifically excludes "knock on" claims for other groups.
4. The difficulties of Lockkeepers in dealing with foreign
tourists are no more, and probably less than what O.P.W.
employees, employed in other areas which provide facilities
for visitors. There is an increasing clerical function
associated with a greater volume of boat traffic but there is
a differential of 10% over basic pay to cover this.
Claim 3. 5 day working over 6 days, optional overtime Sunday.
8. Subsequent to the Court hearing, the Union informed the Court
that agreement had been reached in respect of claim 3.
RECOMMENDATION
9. The Court has considered the submissions made by the parties
and is satisfied that the issues before it have not been fully
considered by the parties in the course of the negotiations to
date.
In the circumstances the Court recommends that the parties resume
negotiations without further delay subject to the following:
(a) That the Office of Public Works implements the Local
Authority Rate in accordance with the terms of L.C.R.
3726 without further delay. The question of the
retrospective application to be negotiated directly by
the O.P.W. and the Union.
(b) That the matter of the grading of the Lockkeepers should
be dealt with directly by the parties, if necessary with
assistance of the I.P.C. or similar body.
(c) That the terms of the offer in respect of Working Hours
and Sunday Working made by the Board following the
hearing and since accepted by the Union, be implemented
immediately.
(d) That the workers concerned commence working within the
terms of the amended bye-laws immediately.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
3rd September, 1992. Deputy Chairman
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.