Labour Court Database __________________________________________________________________________________ File Number: CD95460 Case Number: LCR14894 Section / Act: S26(1) Parties: STENA SEALINK LINE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Nine issues: (1) Pay scale; (2) Loss of earnings; (3) Clause 3 of Programme for Economic and Social Progress (PESP); (4) Shift allowance; (5) Rosters; (6) Meal breaks; (7) Annual leave; (8) Christmas Day/Stephen's Day; (9) Starting time.
Recommendation:
The Court, having considered all the information before it, makes
the following recommendation:-
(1) New Salary scales to be introduced as follows:-
Basic +Roster Premium 25%
New Entrant # 9,271 #11,588
Year 1 #10,000 #12,500
Year 2 #10,750 #13,437
Year 3 #11,250 #14,062
Year 4 #11.750 #14,687
Year 5 #12,250 #15,312
(2) Full-time staff recruited post-1993 and part-time staff
moving to permanent status to be placed on entry point of
Year 3.
(3) Pre-1993 recruited staff to be paid a once off payment of
#1,500.
(4) Company to provide a staggered half hour paid meal break
between the 4th and 8th hours, at specified rostered times.
(5) Annual leave to be 24 days in 1995 and 25 days from 1996.
(6) As there is disagreement between the parties on what are the
agreed arrangements for Christmas Day and St. Stephen's Day,
the Court requests the parties to agree a method of dealing
with those 2 days, bearing in mind that (a) these days are
special and (b) emergencies do arise on occasions.
(7) Company rosters as proposed to be implemented, but the
Company to consider reasonable alternative proposals.
These recommendations are in full and final settlement of all
the claims before the Court.
Division: Mr Flood Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD95460 RECOMMENDATION NO. LCR14894
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
STENA SEALINK LINE
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Nine issues: (1) Pay scale; (2) Loss of earnings; (3) Clause
3 of Programme for Economic and Social Progress (PESP); (4)
Shift allowance; (5) Rosters; (6) Meal breaks; (7) Annual
leave; (8) Christmas Day/Stephen's Day; (9) Starting time.
BACKGROUND:
The claim is on behalf of 36 general operative staff (SGO)
who are employed at Dun Laoghaire Port. The workers are
divided in three teams made up of 8 full-time SGO's and 4
part-time SGO's. The full-time staff work an average of 39
hours per week. The part-time staff work an average of 28
hours per week. The claim results from the Company's
proposal to introduce a new vessel on the Holyhead/Dun
Laoghaire route, called the High Speed Sea Service (HSS).
The proposals will provide for 24 hour cover, an increase of
4 full-time posts, the elevation of the 12 part-time posts to
full-time posts, an increase in annual leave and the
introduction of a salary scale for the 24 workers who were
recruited since May, 1993.
The following are the Company's proposals:
(1) Pay scales: The pre-May, 1993, group comprises of 12 workers
who receive an annual salary, of #21,432. Of the remaining
24 workers (recruited after May, 1993), full-time workers
receive an annual salary of #11,588. Part-time workers
receive an annual salary of #8,990. All the salaries are
inclusive of 25% shift. The Company has proposed a new six
point scale (#11,588-#15,312) for workers recruited after
May, 1993. Pre-May, 1993, workers are "red-circled" on a
salary of #21,432. Part-time staff will move to full-time
status.
(2) Rosters: At present each of the three teams of 12 workers
work 4 days on the early turn, followed by 2 days off,
followed by 4 days on the late turn, this pattern repeating
itself. The Company proposes that the 40 workers (including
4 new workers) will give 24 hour cover. This will be
achieved by having each team (4x10 workers) working 12 hours
on the early turn for 4 days, followed by 4 days off,
followed by 4 days of 12 hours on the late turn. The
proposed starting and finishing times are as follows:;
05.00 - 17.00
17.00 - 05.00
(3) Meals breaks: It is proposed that a 30 minute unpaid break
be taken within the 12 hour shift. Other breaks can be taken
subject to the ship's operations. The Company maintains,
however, that it is not possible to give specific times for
the meal breaks.
(4) Annual leave: The Company is proposing that all staff
receive 24 days annual leave per annum.
(5) Public Holidays/Christmas Day/St. Stephen's Day:
As per the 1993 Agreement, all public holidays were bought
out and the monetary value was incorporated into the current
basic salary rates. The Union is claiming an extra days'
annual leave for May Day, which was not part of the 1993
Agreement, or one full day's i.e., 12 hours, pay. The
Company intends to roster staff for Christmas/St. Stephen's
Day. Staff will not be detained if there is no operational
activity for the 2 days. It is the rate of pay for
Christmas/St. Stephen's Day that is in dispute.
(6) Starting time: The issue of starting time is to be discussed
at local level.
The dispute was referred to the Labour Relations Commission
(LRC). Three conciliation conferences took place but no
agreement was reached. The dispute was referred to the
Labour Court on 9th August, 1995, in accordance with Section
26(1), Industrial Relations Act, 1990 (the earliest date
suitable to the parties).
UNION'S ARGUMENTS:
1. Pay scales: All workers have to carry out the same duties
and undertake the same training. There is no difference in
work done by pre-1993 and post-1993 workers. Therefore, all
the post-1993 workers should be paid, in time, at the same
rate as pre-1993 workers, i.e., #21,432. The scale should
start at #15,312 and operate up to #21,432.
2. Loss of earnings: The Company's proposals to introduce two
12 hour shifts will eliminate overtime. This will result in
a loss of earnings for staff who worked the late shift on the
old system when a sailing was running late. Workers should
be paid compensation of 2 1/2 times the annual loss.
3. Clause 3 of PESP: The Company introduced a new service in
1993,- the Stena Sea Lynx - which necessitated changes to
working hours, conditions and work practices. Workers had to
endure two extra changes to the roster pattern to meet
customer demands. These changes, combined with the
introduction of the HSS, are more than sufficient to warrant
payment of Clause 3 of the PESP.
4/5. Shift Allowance/Rosters: The shift allowance pre-1993 was
33%. The allowance was then reduced to 25% and the basic rate
of pay increased by 8%. Because of the new shift times,
which means that staff will be working 12 hours at a time,
plus the unsocial hours involved, the shift allowance should
be increased to 33%.
6. Meal breaks: Under the 1993 Agreement, workers take a
half-hour flexible meal break for working an 8 hour 20 minute
shift. For the 12 hour shift, the workers are seeking a half
hour unpaid meal break to be rostered and taken between the
fourth and eight hour. Workers should know when they can take
a break.
7. Annual leave/Public holidays: Staff will work extra hours
because of the new 12 hour shifts and deserve 25 days annual
leave instead of the present 23 days. The eight public
holidays, which at present are consolidated into the basic
rate of pay at a monetary value of 7 hours 40 minutes per day
should be consolidated at a monetary value of 12 hours per
day.
8. Christmas Day/St. Stephen's Day:
During pre-1993 negotiations, the Company stated that it did
not intend running ships on Christmas/St. Stephen's Day. The
Company now states that it will include the two days on the
roster pattern. If workers are required to attend, an
appropriate payment should be paid.
COMPANY'S ARGUMENTS:
1. Pay scales: The new pay scales will give a considerable
increase to the post-1993 workers. At year five of the
scale, the part-time staff (who will be moved to full-time
status) will receive a pay increase of 70% (from #8990 to
#15,312) and full-time staff will receive an increase of 32%
(from #11,588 to #15,312). Workers who are "red-circled" on
#21,432 already receive salaries considerably in excess of
market rates.
2/3. Loss of earnings/Clause 3 of PESP:
The Company has honoured all phases of the National
Agreements. Under the new proposals, 24 of the 36 workers
will receive pay increases far in excess of that allowed
under Clause 3 of the PESP. The 12 pre-1993 workers received
payments averaging #8,000 for future losses in overtime as
part of the 1993 Agreement. The salary for those workers is
"red-circled".
4. Shift allowance: In discussions regarding the 1993
Agreement, a worker's representative requested the Company to
reduce the shift allowance from 33% to 25%. The 8%
difference which was added to basic pay benefited workers in
that sick pay, pension benefits and redundancy payments are
based on basic pay. The Company cannot afford to add another
8% to the shift allowance.
5. Rosters: The Company has to provide 24 hour service to its
customers in a business which is becoming increasingly
competitive. The new shift hours will give better quality
time off, improved annual leave and no increase in annual
hours worked.
6. Meal breaks: The Company's proposal is reasonable. There
is considerable downtime between ships arriving and leaving
and, therefore, opportunities for other breaks.
7. Annual leave: All workers will receive 24 days annual
leave. This is a considerable improvement for workers who at
present have 19 days if they have less than 5 years service.
8. Public Holidays/Christmas/St. Stephen's Day:
The 1993 Agreement stated that all public holidays were
bought out and the monetary value consolidated into the basic
pay. The workers have the option of a day's pay or a day in
lieu for May Day. The Company cannot pay extra compensation
for the other public holidays. Workers will not be detained
at the Port if there is no operational activity at
Christmas/St. Stephen's Day.
RECOMMENDATION:
The Court, having considered all the information before it, makes
the following recommendation:-
(1) New Salary scales to be introduced as follows:-
Basic +Roster Premium 25%
New Entrant # 9,271 #11,588
Year 1 #10,000 #12,500
Year 2 #10,750 #13,437
Year 3 #11,250 #14,062
Year 4 #11.750 #14,687
Year 5 #12,250 #15,312
(2) Full-time staff recruited post-1993 and part-time staff
moving to permanent status to be placed on entry point of
Year 3.
(3) Pre-1993 recruited staff to be paid a once off payment of
#1,500.
(4) Company to provide a staggered half hour paid meal break
between the 4th and 8th hours, at specified rostered times.
(5) Annual leave to be 24 days in 1995 and 25 days from 1996.
(6) As there is disagreement between the parties on what are the
agreed arrangements for Christmas Day and St. Stephen's Day,
the Court requests the parties to agree a method of dealing
with those 2 days, bearing in mind that (a) these days are
special and (b) emergencies do arise on occasions.
(7) Company rosters as proposed to be implemented, but the
Company to consider reasonable alternative proposals.
These recommendations are in full and final settlement of all
the claims before the Court.
~
Signed on behalf of the Labour Court
12th September, 1995 Finbarr Flood
C.O.N./A.K. ----------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.