Labour Court Database __________________________________________________________________________________ File Number: CD92763 Case Number: LCR13924 Section / Act: S26(1) Parties: B & I LINE - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the implementation of a rationalisation plan for the Checkers' 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 the proposals to red-circle existing checkers and
regrade future operatives in this section as Clerical
Level 1 be deferred for a period of two years following
which the parties should meet to review the position in
the light of further technological change;
(2) 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
late;
(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__________________________________________________________________
CD92763 RECOMMENDATION NO. LCR13924
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: B & I LINE
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the implementation of a rationalisation
plan for the Checkers' 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 presented proposals for a reduction
in manning levels and changes in conditions of employment and pay
for the Checkers' Section. At that time checkers were employed as
follows:
Ferryport - 10
Ro/Ro - 10
Lo/Lo - 4
Groupage - 5
The Company proposed that the Ferryport duties would be taken over
by clerical staff, the closure of the Groupage Section, and a
reduction in the manning level of Lo/Lo to 1, the manning of Ro/Ro
to remain at 10 and the position to be reviewed in 1993. The
total number of jobs lost would be 16.
4. The Company also proposed to buy out special payments for
double ship sailing and Sunday/Bank Holiday attendance and also to
introduce revised rosters (details supplied to the Court). The
Unions objected to the scale of the proposed changes and a number
of meetings were held at local level. As no agreement was reached
the dispute was referred to the Labour Relations Commission. A
number of conciliation conferences were held between 5th October,
1992 and mid-November, 1992. During the course of the meetings
and the conciliation conferences the Company modified its position
regarding the manning levels proposing to retain 20 checkers (the
Groupage Section was closed in September, 1992 with the agreement
of the Unions). However, as agreement was not reached on all
issues, the Commission with the consent of the parties referred
the dispute on 9th December, 1992 to the Labour Court for
investigation and recommendation under Section 26(1) of the
Industrial Relations Act, 1990. A Court hearing took place on
16th December, 1992.
5. The Company implemented its proposed changes with effect from
7th December, 1992. The Unions served strike notice on the 7th
December, 1992 to take effect from 18th December, 1992. At the
Court hearing the Unions agreed to lift the strike notice
following a commitment from the Company to re-introduce the old
payments on an interim basis, with effect from 7th December, 1992,
pending the issue of a Labour Court recommendation.
UNION'S ARGUMENTS:
6. 1. The Company proposes to classify the remaining checkers in
the Ferryport section as clerical workers and that
replacements be recruited at clerical grade 1. The existing
staff to retain Ferryport rate of pay. The Unions cannot
accept the designation of this group of workers as clerical
because traditionally all workers have been able to transfer
between sections. The designation would also limit the right
of progression which is a feature in most employments.
2. The Company's proposals regarding the buy out of special
payments will seriously affect the workers' salaries. These
payments have evolved over a long number of years in return
for staff working in all weather conditions and providing full
cover for 5, 6 and 7 day working per week.
3. The workers have already in the past contributed to
increased productivity through rationalisation plans which
have resulted in reduced pay and manning levels.
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 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:
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 the proposals to red-circle existing checkers and
regrade future operatives in this section as Clerical
Level 1 be deferred for a period of two years following
which the parties should meet to review the position in
the light of further technological change;
(2) 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
late;
(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
Evely Owens
____________________
14th January, 1993. Deputy Chairman
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.