Labour Court Database __________________________________________________________________________________ File Number: CD92764 Case Number: LCR13922 Section / Act: S26(1) Parties: B & I LINE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the rationalisation of the Dockers Section.
Recommendation:
7. The Court, having considered the submissions of the parties,
both oral and written and taking into consideration the financial
position of the Company, the effect on earnings of the devaluation
of the pound sterling and the general competitiveness of the
market, does accept the need for the further rationalisation
programme outlined in the Company's proposals.
The Court, however recommends the following amendments to the
Company's final proposals:
(1) that compensation for the buy-outs set out in the
Company's proposal be at the rate of 21 months the actual
loss; payment of this compensation to be 50% on
acceptance of this recommendation and 50% six months
later;
(2) the Company's right to selection and recruitment of
labour to be conditional on present casual list of
employees retaining their existing right to future
vacancies;
(3) the Court does not consider that Clause 3 of P.E.S.P.
should form any part of this programme.
The Court notes that items 9 and 19 on the list of conditions have
been referred to the Centralised Group for consideration.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92764 RECOMMENDATION NO. LCR13922
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: B & I LINE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the rationalisation of the Dockers Section.
BACKGROUND:
2. The B & I Line was privatised in January, 1992 and is now part
of the Irish Continental Group.
3. In June, 1992 the Company entered into negotiations with the
Union on rationalising the Dockers Section. The Company proposed
a reduction in manning levels (52 dockers down to 34), changes in
conditions of employment, rates of pay, and a buy-out of double
ship/double sailing payments (details supplied to the Court). The
Union objected to the proposals and indicated its willingness to
negotiate changes provided the Company revised its position. At
the time the dockers were employed as follows:-
Car Ferry 14 (two by seven man gangs)
Ro/Ro 32 (two by sixteen man gangs)
Lo/Lo 6
4. Meetings at local level failed to resolve the dispute and the
issues were referred to the Labour Relations Commission on 30th
September, 1992. A number of conciliation conferences were held
between 1st October, 1992 and 24th November, 1992. Following
these meetings the Company presented the Union with its final set
of proposals (attached as appendix 1). As these did not meet the
Union's aspirations, the Commission, with the consent of the
parties, referred the dispute to the Labour Court for
investigation and recommendation on 9th December, 1992 under
Section 26(1) of the Industrial Relations Act, 1990. A Court
hearing took place on 21st December, 1992.
UNION'S ARGUMENTS:
5. 1. The Union considers its proposal regarding the reduction
in manning levels by 8 workers to be the maximum possible in
order to maintain an efficient operation (details supplied to
the Court).
2. There is no reason to change the present work patterns as
current rosters can continue to operate under the revised
manning levels.
3. The Company's offer of compensation to buy-out the
additional payments is inadequate. These payments were freely
negotiated by the Company. The projected loss over the
dockers' worklife will be substantial.
4. The Company's proposals will result in the workers taking
on additional workloads in return for less earnings.
COMPANY'S ARGUMENTS:
6. 1. The present conditions prevailing in the Company are
seriously out of line with current market situations.
2. Despite numerous rationalisation plans in the past the
Company has incurred substantial losses (details supplied to
the Court).
3. Since the Company introduced its proposals the situation
facing it has deteriorated, particularly with the effect of
the devaluation of sterling.
4. The Company has substantially modified its proposals
during the course of negotiations in an attempt to reach
agreement. These amendments represent a worsening in the
competitive position which the Company requires and any
further change will have a negative impact on the need for
future investment.
5. The Company asks the Court to recommend that its proposals
be accepted in full and final settlement of all outstanding
issues including Clause 3 of the Programme for Economic and
Social Progress (P.E.S.P.).
RECOMMENDATION:
7. The Court, having considered the submissions of the parties,
both oral and written and taking into consideration the financial
position of the Company, the effect on earnings of the devaluation
of the pound sterling and the general competitiveness of the
market, does accept the need for the further rationalisation
programme outlined in the Company's proposals.
The Court, however recommends the following amendments to the
Company's final proposals:
(1) that compensation for the buy-outs set out in the
Company's proposal be at the rate of 21 months the actual
loss; payment of this compensation to be 50% on
acceptance of this recommendation and 50% six months
later;
(2) the Company's right to selection and recruitment of
labour to be conditional on present casual list of
employees retaining their existing right to future
vacancies;
(3) the Court does not consider that Clause 3 of P.E.S.P.
should form any part of this programme.
The Court notes that items 9 and 19 on the list of conditions have
been referred to the Centralised Group for consideration.
~
Signed on behalf of the Labour Court
Evelyn Owens
____________________
14th January, 1993. Deputy Chairman
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.
APPENDIX I
DOCKERS SECTION
MANNING LEVELS
Car Ferry 2 x 4 man gangs = 8 men
Working as per attached rota
to include lashing duties.
RO/RO 2 x 12 man gangs = 24 men
Working rota as per attached.
Single vessel working,
interchangeable through working
period to cover all decks and
varied to meet operational
requirements.
LO/LO 1 x 4 man gang = 4 men
Mon to Fr 39 hour week
TOTAL MANNING 36 MEN
COMMENTARY
Above manning level to be achieved through Voluntary
Redundancy/Early Retirement and natural wastage. In the interim
the above manning levels to be tolerance levels.
DOCKERS SECTION - RATES OF PAY
LO/LO TERMINAL
Notional Base Rate 230.79
Consolidated Rate 278.10 per week
Crane Driving Premium 20.60 per week
------
298.70 per week (39 hours)
Basic Week
Mon - Thur 08.00 - 17.00
Fri 08.00 - 16.00
Overtime Premiums
Mon - Sat 1.50T
Sun/B. Hol 2T
All other payments included in rate.
RO/RO - CAR FERRY TERMINAL
Rate #278.10
Shift Premium 25% # 69.53 - (7 day cover)
-------
Consolidated #347.63
All other payments included in rate.
Overtime Premiums
Mon - Sat 1.50T
Sun/B. Hol 2T
Bank Holidays paid to those who work
Lashing Payment buy out #445 per year x 1.50 = #668.
DOCKERS
COMBINED RO/RO CAR FERRY ROTA
Ro/Ro a.m. 12 Men (3 X 4 Man Teams) = 3 teams
07.00 - 14.00 7 hrs x 7 days = 49 hrs x 3 wks = 147
Ro/Ro p.m. 12 men (3 x 4 man teams) = 3 teams
19.00 - 01.00 6 hrs x 6 days = 36 hrs x 3 wks = 108
Car Ferry Mon - Thur 4 men (1 x 4 man team) = 1 team
07.15 - 10.15 (3 hrs)
6 hrs x 4 days = 24 hrs x 1 wk = 24
19.00 - 22.00 (3 hrs)
Car Ferry Fri/Sat/Sun 4 men (1 x 4 man team) = 1 team
07.15 - 10.15 (3 hrs)
6 hrs x 4 days = 24 hrs x 1 wk = 18
---
Total Hours = 297
Divided by 8 week cycle
Average hours per week per man = 37
This rota ensures the most equal distribution of work over the 32
men in the Car Ferry / RO-RO Terminal. All dockers are on a 39
hour week.
DOCKERS
BUY OUTS
Double Sailing Payments (Car Ferry)
(28 men) #2346
Double Ship Payments
(4 men LO/LO) #1617
Lashing Payment
(All permanent men) # 668
DOCKERS SECTION
CONDITIONS
1. Dockers will be assigned to the terminal. They will work
flexibly as directed, irrespective of number of vessels.
There will be no restrictive practices and all dockers are
interchangeable and may be expected to carry out any function.
2. In exceptional circumstances a docker may be required to
assist in other areas.
3. The objective of the Company is that employees will be capable
of operating mechanised equipment. Training will be provided
where required. Refusal to be trained or re-trained may lead
to termination of employment and will be deemed sufficient
grounds for such action.
4. Relief systems will be devised as appropriate to each section.
5. The Company reserves the sole right of selection and
recruitment of labour from whatever source. All temporary
reliefs should be capable of carrying out the functions for
which they are employed.
6. All dockers must report for duty in a fit condition suitable
for a full period of duty.
7. A docker may not be employed or involved in any other business
or employment which is in conflict with the Company, or
impacts on the individuals performance without prior written
permission.
8. All lunch / tea breaks may be staggered to ensure continuous
service.
9. All dockers will be paid monthly by credit transfer (Group
issue).
10. Salaries will be paid in return for 39 hours worked per week
and provide full compensation for all duties performed
irrespective of number of vessels worked in that period.
11. Overtime will only be paid when it has been authorised in
advance and will be worked as and when required. Every effort
will be made to give adequate notice and cause as little
inconvenience as possible. Payment will be on the quarter
hour. Payment will be made for the actual time worked. The
Company will decide on overtime manning requirements.
12. Hours worked in excess of 39 hours per week will be paid at
the appropriate hourly rate irrespective of number of vessels
worked.
13. It is a condition of employment that staff are available to
work overtime as required by the Company.
14. Rosters will be prepared by the Company in consultation with
the section.
15. Dockers may not place any restrictions on new business
obtained by the Company.
16. Annual holidays will be rostered where possible in accordance
with the following guidelines.
(a) All annual holidays will be rostered.
(b) The minimum period for annual holidays will be two weeks.
(c) Short periods of time off must be arranged within the
roster / relief system, and approved by the appropriate
manager.
(d) Rosters will be constructed to provide a two week annual
holiday period for all dockers between the beginning of
May and end of September.
17. Identification must be carried whilst on the Company's
premises.
18. Protective clothing and safety items as provided by the
Company must be worn as required.
19. A time clock system will be introduced. (Group issue).
20. It is the dockers responsibility to organise transport to and
from work. The Company will provide transport only when no
public transport is available.
21. Dockers will participate in training schemes as required.
22. Dockers on becoming permanent must join the Company's pension
scheme.
23. Dockers will be required to co-operate fully with the
introduction of any new technology or equipment e.g. cranes,
computers etc.
24. The Company Policy on sick pay and discipline is as outlined
in the Comprehensive Agreement which is common to all
sections.