Labour Court Database __________________________________________________________________________________ File Number: CD92765 Case Number: LCR13923 Section / Act: S26(1) Parties: B & I LINE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Dispute concerning the implementation of a rationalisation plan for the Transport Section.
Recommendation:
8. 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 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 Centralised Group for consideration.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92765 RECOMMENDATION NO. LCR13923
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: B & I LINE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Dispute concerning the implementation of a rationalisation
plan for the Transport Section.
BACKGROUND:
2. The B & I Line was privatised in early 1992 and is now part of
the Irish Continental Group.
3. In June, 1992 the Company entered into negotiations with the
Unions on rationalising the Transport Section.
The main thrust of the Company's proposals was the closure of the
road fleet section, reduction in manning levels, consolidation of
certain allowances into basic pay, the buy out of special payments
for double ship sailings and revised overtime premiums (details
supplied to the Court). The Unions objected to a number of the
proposals.
4. At that time the Transport Section consisted of two road fleet
drivers who were involved in the delivery/collection of containers
in the city area; four shunters employed to drive tractor units to
move wheeled-freight units within the Ro/Ro Terminal and four
straddle-carrier drivers who operate mobile cranes which move
containers within the Lo/Lo Terminal.
5. As no agreement could be reached at local level the dispute
was referred to the Labour Relations Commission on 28th August,
1992. Three conciliation conferences took place, the final one
held on 11th November, 1992. During the course of the meetings at
local level and the conciliation conferences the Company modified
its position and presented its final set of proposals to the
Unions dated 23rd November, 1992 (attached as appendix I). These
proposals did not meet with the Unions' aspirations and the
Commission, with the consent of the parties, referred the dispute
to the Labour Court for investigation and recommendation under
Section 26(1) Industrial Relations Act, 1990. A Court hearing was
held on 21st December, 1992.
UNION'S ARGUMENTS:
6. 1. The initial proposal of the Irish Continental Group of a
basic rate of pay #296 per week for straddle-carrier drivers
should still be on offer. (This offer was made at the time B
& I was privatised). This would go some way in compensating
the workers for the wholesale changes sought. The Company had
offered (in June, 1992) a basic rate of #255.73 per week
inclusive of bonus and height money.
2. The compensation offered for the buy-out of double ship
payment and difference in overtime premium is inadequate.
3. The closure of the fleet section and the requirement of
the two drivers to carry out any kind of work allocated to
them by the Company is unacceptable. With a number of drivers
opting to leave the Company these drivers should be retained
in the Transport Section.
4. As the Company intend to operate a third Ro/Ro service in
the near future the present manning levels should be retained.
5. The Company's proposals will result in a demoralised
workforce who will be required to carry out additional
workloads for reduced earnings.
COMPANY'S ARGUMENTS:
7.
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 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:
8. 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 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 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
ROAD TRANSPORT
All applicants for Voluntary Severance / Early Retirement to be
allowed to leave up to new establishment numbers.
STRADDLE CARRIER DRIVERS
1. The existing manning levels to be maintained i.e. 4 - same
positions.
2. No change in current rates of pay which are #178.05.
3. Overtime premiums to be as follows:
Monday - Friday 07.00 - 08.00 2T
13.00 - 14.00 1.50T
17.00 - 23.00 1.50T
Saturday 07.00 - 08.00 2T
08.00 - 12.00 1.50T
12.00 - 23.00 2T
Sundays /
Public Holidays All Time T x 2 (Minimum 4 hours)
Overtime manning to meet operational requirements and payment
only for actual time worked.
Difference in overtime premiums and double ship payment to be
bought out from remaining Straddle Drivers for #5,810.00.
4. Tea break and lunch hour cover from within section.
5. Company to man third machine as required independent of above
manning and rota.
6. Driver change-over to take place on operational pad.
ROAD FLEET DRIVERS
This section has been closed and the surplus drivers following
Voluntary Severance / Early Retirement will be offered other
duties in the Terminal.
SHUNTERS
1. Manning level to be three men, self relieving.
2. No change in the current rates of pay which are #345.71, this
inclusive of 10 hours overtime per week. Hours of work 08.00
- 19.00 hours (One man to cover 07.00 - 08.00 hours).
3. Overtime premium to be as follows:
Monday - Friday 07.00 - 08.00 2T
13.00 - 14.00 1.50T
17.00 - 23.00 1.50T
Saturday 07.00 - 08.00 2T
08.00 - 12.00 .50T
12.00 - 23.00 2T
Sundays /
Public Holidays All Time T x 2 (Minimum 4 hours)
Overtime manning to meet operational requirements and payment
only for actual time worked.
Difference in overtime premiums to be bought out for #2,663.64
from remaining shunters.
4. Tea break and lunch hour cover from within section.
GENERAL
Conditions will be as per the attached document previously
circulated in June and amended taking into consideration union
representations.
Relief / replacement is at all times at managements discretion and
will be by transfer, overtime, non replacement or any other
means.
Payment of compensatory amounts to be 50% on finalising agreement
and 50% twelve months from that date.
Anybody who moves to a higher earning position will not be
eligible for any compensatory payments.
In the event of any road transport operative who has been in
receipt of a compensatory buy-out opting for subsequent
Voluntary Severance / Early Retirement, the amount of the
compensation will be deducted from his severance on a pro rata
basis.
***
23 November 1992
DRIVERS SECTION
CONDITIONS
1. Drivers 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 Drivers are
interchangeable and may be expected to carry out any function.
2. In exceptional circumstances a Driver 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 Drivers must report for duty in a fit condition suitable
for a full period of duty.
7. A Driver 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 Drivers 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 the number of
vessels worked.
13. It is a condition of employment that staff are available to
work overtime as required by the Company. Individuals who
have difficulties with their availability are free to discuss
same with their immediate manager. Should the issue not be
resolved the matter can be referred through the grievance
procedure.
14. Rosters will be prepared by the Company in consultation with
the section.
15. Drivers 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 Straddle Drivers 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 Drivers responsibility to organise transport to and
from work. The Company will provide transport only when no
public transport is available.
21. Drivers will participate in training schemes as required.
22. Drivers on becoming permanent must join the Company's pension
scheme.
23. Drivers 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.
25. All staff agree to work with the manning level available.
Staff who are absent for whatever reason will only be replaced
if there is a definitive need as decided by management.
***
24 November, 1992