Labour Court Database __________________________________________________________________________________ File Number: CD95550 Case Number: LCR15002 Section / Act: S26(1) Parties: IRISH FERRIES - and - SEAMEN'S UNION OF IRELAND |
Rate of pay for chief cooks.
Recommendation:
The Court notes that the issue of chief cooks' rate of pay was
referred by agreement to the Court as part of the Labour Relations
Commission proposals.
The Court having considered the submissions written and oral
submitted by the parties recommends as follows:-
1. The rate of pay of chief cook to be increased from £334.56 to
£350 from 15th September, 1995.
The Court would further recognise that the status of the claimants
is that of Petty Officer.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95550 RECOMMENDATION NO. LCR15002
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
IRISH FERRIES
AND
SEAMEN'S UNION OF IRELAND
SUBJECT:
1. Rate of pay for chief cooks.
BACKGROUND:
2. The dispute before the Court concerns the Union's claim on
behalf of chief cooks employed by the Company on board the
vessels M.V. Isle of Innisfree and the M.V. Isle of
Innismore. The Union argues that the position of chief cook
should be recognised as being at least equal in
responsibility to that of the bosun's position.
In early 1995, agreement was reached between the parties on
the Company's rationalisation proposals (details supplied to
the Court). Clause 3 of the agreement provided for the
referral to the Labour Court of the issue concerning the rate
of pay of chief cooks.
The matter was the subject of a conciliation conference at
the Labour Relations Commission on 15th September, 1995, but
agreement could not be reached and the dispute was referred
to the Labour Court on 26th September, 1995 under Section
26(1) of the Industrial Relations Act, 1990. A Labour Court
hearing took place on 1st November, 1995.
UNION'S ARGUMENTS:
4. 1. The Company is attempting to diminish the status of
chief cook. Traditionally the chief cook was classed as
a senior P.O. (Petty Officer) aboard ship along with the
bosun. In recent years the chief cook's wages have
dropped considerably below that of his fellow P.O.s.
2. In contrast to the role of the bosun the responsibility
of the chief cook has increased considerably. Under the
new agreement he is responsible for stocks and stock-
taking, menu planning and all meals served to both
passengers and crew, and the new computerised system in
the galley.
3. The chief cook is now paid a lesser rate of pay than
that of the senior motorman and the able-bodied seaman.
Under the new agreement the chief cooks rates and scale
of pay have been eroded.
4. The chief cooks will be largely responsible for ensuring
that the Company achieves the ISO 9000 quality standard.
5. The rationalisation plan discriminated against the chief
cook. In the plan the number of cooks employed on board
have been reduced, resulting in substantial savings to
the Company. In the circumstances the upgrading of the
chief cooks in accordance with their statue and standing
abroad ship is justified.
COMPANY'S ARGUMENTS:
3. 1. The package negotiated in this agreement contained a
range of wage increases. This was done in response to
the Union's claim for an improvement in the pay of
catering staff. It represents increases ranging from 9%
to 31.32%. The percentage increase for chief cooks was
17.5%.
2. During the discussions the Union claimed parity for the
chief cooks with that of the bosun, indicating that both
positions were always considered equal. This has never
been the case. The deck department was never a
reference point for comparison with catering.
3. The deck department has received separate additional
payments for carrying out additional duties, namely
lashing of cargo to the deck which was previously done
by shore based dockers. These payments have since been
consolidated into the bosun's rate. This is not a
reason to increase the rate of pay of the chief cooks.
4. The chief cook had a differential with the 2nd cook of
£20.45 before the new rates were struck. In proposing a
new rate of £326.40 that differential was maintained.
5. The rate of £326.40 per week which now stands at £334.56
per week is an acceptable rate in the context of
catering on board ship. It compares very favourably
with other catering establishments.
6. The Hotel section or catering on board is not profitable
and cannot bear any further cost increases.
RECOMMENDATION:
The Court notes that the issue of chief cooks' rate of pay was
referred by agreement to the Court as part of the Labour Relations
Commission proposals.
The Court having considered the submissions written and oral
submitted by the parties recommends as follows:-
1. The rate of pay of chief cook to be increased from £334.56 to
£350 from 15th September, 1995.
The Court would further recognise that the status of the claimants
is that of Petty Officer.
~
Signed on behalf of the Labour Court
8th December, 1995 Finbarr Flood
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.