Labour Court Database __________________________________________________________________________________ File Number: CD9431 Case Number: LCR14362 Section / Act: S26(1) Parties: TRANSCONTINENTAL LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning improved conditions of employment for drivers.
Recommendation:
Having considered the submissions of the parties and having regard
to the trading and financial position of the Company together with
the general development of rates and allowances over the past few
years, the Court does not find grounds to recommend any major
change in the allowances applying at present. The Court,
therefore, does not recommend concession of the Union claim.
The Court does however recommend that the meal allowance be
increased to #85 with effect from 1st March, 1994 and that the
parties negotiate and clarify the conditions under which the
monthly bonus is paid and the circumstances under which it is not
paid.
Division: Mr Heffernan Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD9431 RECOMMENDATION NO. LCR14362
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: TRANSCONTINENTAL LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning improved conditions of employment for
drivers.
BACKGROUND:
2. 1. Transcontinental is a haulage company based in Rosslare
and operating into the United Kingdom and the Continent. The
company was taken over by Pandoro in 1991 and employs
approximately 120 drivers.
2. In 1991, the workers joined the Union which subsequently
sought negotiations with the Company on improving the
conditions of employment for drivers. A number of local
meetings took place but no progress was made. The matter was
referred to the Labour Relations Commission and a
conciliation conference was held on 1st December, 1993. The
Union's claim consisted of six issues.
(a) MONTHLY BONUS
That the present monthly bonus of #60 net, which is paid
subject to certain conditions, be paid unconditionally.
(b) OVERNIGHTS
Improvement in overnight allowance.
CONTINENT UK IRE
Present Allowance #20 #14 #14
Proposed Allowance #25 #19 #17
(c) MEAL ALLOWANCE
Improvement in meal allowance.
Present Allowance #82 per week
Proposed Allowance #100 per week
(d) TURNAROUND
The extension to the United Kingdom of the #25
turnaround payment which applies on the continent.
(e) HAZARDOUS MATERIALS
The introduction of a hazardous-loads allowance of #35
per run (each way).
(f) HOSPITAL INSURANCE
The introduction of a company medical insurance scheme
to cover drivers abroad.
Agreement could not be reached and the matter was referred by the
Labour Relations Commission to the Labour Court on 14th January,
1994. The Court investigated the issues on 15th February, 1994 in
Wexford.
UNION'S ARGUMENTS:
3. 1. The monthly bonus should be paid unconditionally once
trips are successfully completed, or the reasons for payment
or withdrawal of payment should be laid down explicitly and
agreed.
2. The current overnight rates and the meal allowance have
not been increased in over four years and are out of line
with costs in Europe.
3. There is no logic in applying the turnaround payment to
mainland Europe and not to the United Kingdom.
4. Drivers carrying hazardous materials take on extra
responsibilities and should qualify for an extra payment of
#35 similar to drivers who drive 'fridge trucks'.
5. The company should provide medical insurance cover in
order to provide security to drivers who may suffer illness
or an accident abroad.
COMPANY'S ARGUMENTS:
4. 1. Since the take-over in 1991, extra resources have been
channelled into the company.
2. Pay and conditions are superior to those of the
company's competitors.
3. The Company operates in a very competitive market and
cannot afford to take on the additional costs associated with
the Union's claim.
4. Withholding of the monthly bonus is available as a
disciplinary tool but it is seldom withheld.
5. Drivers have received training in the handling of
dangerous substances.
6. The Company has always paid medical bills for its
drivers, but the cost of medical insurance cover is
prohibitive.
RECOMMENDATION:
Having considered the submissions of the parties and having regard
to the trading and financial position of the Company together with
the general development of rates and allowances over the past few
years, the Court does not find grounds to recommend any major
change in the allowances applying at present. The Court,
therefore, does not recommend concession of the Union claim.
The Court does however recommend that the meal allowance be
increased to #85 with effect from 1st March, 1994 and that the
parties negotiate and clarify the conditions under which the
monthly bonus is paid and the circumstances under which it is not
paid.
~
Signed on behalf of the Labour Court
9th March, 1994. Kevin Heffernan
P.O'C./A.L. _______________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.