Labour Court Database __________________________________________________________________________________ File Number: CD95426 Case Number: LCR14879 Section / Act: S26(1) Parties: CENTRAL FISHERIES BOARD (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Crewing levels and time off in lieu arrangements.
Recommendation:
Having considered the submissions from the parties, the Court
recommends as follows in relation to the items in dispute.
CREWING OF VESSEL:
The Court is satisfied that a crewing level of 4 should apply
except in circumstances where the management is satisfied that 3
is adequate. In such cases, the Union should be informed and be
given the reasons.
TIME-IN-LIEU:
The Court recommends the Union accept the Board's final proposals
which it considers are reasonable.
REVIEW:
The Court recommends that the parties agree to a review of all
operations in January, 1996 and that the Union agree to a
Management Representative going "on board" for the purpose of
studying the operation.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95426 RECOMMENDATION NO. LCR14879
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CENTRAL FISHERIES BOARD
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Crewing levels and time off in lieu arrangements.
BACKGROUND:
2.1 The Central Fisheries Board and seven Regional Fisheries
Boards were established under the Fisheries Act, 1980. The
functions of a Regional Fisheries Board include, inter-alia,
the protection of the fisheries in its region, and those of
the Central Fisheries Board include co-ordination and, where
considered necessary, the direction of the performance by
Regional Fisheries Boards of their functions.
2 In order to strengthen the protection of salmon at sea, the
Central Fisheries Board, with the assistance of E.U.
funding, commissioned a six berth sea-patrol boat "An Bradan
Beatha" with enhanced speed capability and with facilities to
remain at sea on overnight patrols. These patrols, in
accordance with legislation, extend only to the twelve-mile
limit. The patrol boat was assigned on lease from the
Central Fisheries Board to the South Western Regional
Fisheries Board and was formally launched on 11th July, 1995.
Under the lease agreement, the Central Fisheries Board
engages and pays for a Skipper and a Rating on a contract
basis and provides this core crew with the patrol boat in
addition to the four staff provided by the South-Western
Regional Board.
3 The new patrol boat will add greater mobility and
effectiveness to the function of protecting salmon at sea,
and supplement the smaller rigid inflatable boats which are
deployed on this task.
4 The patrol boat is being operated at present "under protest"
by Union members pending the settlement of outstanding issues
in relation to (a) manning levels, (b) time-off in lieu and
(c) scheduling of time-off in lieu.
5 As no agreement could be reached between the parties, the
dispute was referred to the Labour Relations Commission. A
conciliation conference was held on the 10th of July, 1995
but as no agreement was reached, it was agreed by both
parties to refer the dispute to the Labour Court. The
dispute was referred to the Court on the 24th July, 1995, in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute on the 16th of
August, 1995.
UNION'S ARGUMENTS:
3.1 The Union wants full credit for its members for all time
(i.e. hour for hour) served on board the new patrol boat
while at sea. It is expected that each patrol will last five
days. The Union is looking for "time in lieu" on the basis
of "week on-week off". It is not acceptable that the Board
will not give credit in relation to "rest periods". Time in
lieu should be taken at the discretion of the members.
2 The manning levels necessary to operate the patrol boat
safely is six - a skipper and mate and four Fishery Board
staff. The Union is prepared to consider reduced manning
levels in certain circumstances subject to consultation and
agreement at local level.
COMPANY'S ARGUMENTS:
4.1 The Board is prepared to agree to four Fishery Board staff,
in addition to the skipper and mate, on sea patrol, with the
provision that where three is considered sufficient that this
is accepted. One of the four Fishery staff would come from
the management side.
2 With regard to time-off in lieu, credit will be given on the
basis of 15/16 hour working day while on patrol. No credit
will be given for non-working hours (i.e. rest periods).
Time in lieu can be taken on the basis of 3 days immediately
after patrol plus 2 days to be taken in the winter period.
3 During the active salmon season (Mid-Spring to Mid-Autumn),
it is not possible to allow staff to avail immediately of all
leave accruing to them due to the pressure of work. A
certain amount of leave is "banked" for the winter months.
It would not be possible to operate the system in any other
way.
RECOMMENDATION:
Having considered the submissions from the parties, the Court
recommends as follows in relation to the items in dispute.
CREWING OF VESSEL:
The Court is satisfied that a crewing level of 4 should apply
except in circumstances where the management is satisfied that 3
is adequate. In such cases, the Union should be informed and be
given the reasons.
TIME-IN-LIEU:
The Court recommends the Union accept the Board's final proposals
which it considers are reasonable.
REVIEW:
The Court recommends that the parties agree to a review of all
operations in January, 1996 and that the Union agree to a
Management Representative going "on board" for the purpose of
studying the operation.
~
Signed on behalf of the Labour Court
30th August, 1995 Evelyn Owens
L.W./A.K. -------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.