Labour Court Database __________________________________________________________________________________ File Number: CD95704 Case Number: LCR15072 Section / Act: S26(1) Parties: COMMISSIONERS OF IRISH LIGHTS - and - AMALGAMATED TRANSPORT GENERAL WORKERS UNION |
Proposed changes to the buoy maintenance programme.
Recommendation:
5. In all the circumcstances of the case the Court recommends that
the parties accept the proposals set out in the Industrial
Relations Officer's proposals in letter dated 21st September, 1995
subject to the proposed monitoring of the work being applied to the
Deck ratings as well as Catering staff and that monitoring take
place over a period of 12 months to allow the effect in all seasons
to be taken into account.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95704 RECOMMENDATION NO. LCR15072
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: COMMISSIONERS OF IRISH LIGHTS
and
AMALGAMATED TRANSPORT GENERAL WORKERS UNION
SUBJECT:
1. Proposed changes to the buoy maintenance programme.
BACKGROUND:
2. 1. The Commissioners of Irish Lights are the General
Lighthouse Authority (G.L.A.) for Ireland and are
responsible for maintaining aids to navigation around the
coast of Ireland.
2. The Commissioners derive their funds from dues paid by
home and foreign shipping to the general Lighthouse Fund
which is administered by the Department of Transport,
London, in accordance with the Merchant Shipping Act of
1894. There are two other General Lighthouse
Authorities, Trinity House and the Northern Lighthouse
Board which are financed from the General Lighthouse Fund
for the maintenance of marine aids to navigation around
the coast of England, Scotland and Wales.
3. It has been agreed by the British and Irish Governments
that, with effect from the 1st January, 1987, the Irish
Government would contribute towards the cost of operating
the service within the Republic of Ireland. The service
is administered by the Department of the Marine.
4. In June, 1994 the Commissioners informed staff that it
intended to change the present two year buoy maintenance
programme to a four year maintenance programme.
5. At present the Commissioners maintain about 144 buoys
around the coast of Ireland. Under the current 2 year
maintenance programme about half the buoys (72) are
replaced by clean buoys each year. The lifted buoys are
returned to the workshops in Dun Laoire where they are
refurbished.
Under the new maintenance programme buoys would be left
on station for 4 years. Each year 36 buoys would be
lifted and replaced with clean buoys. Another 36 buoys
would be maintained at sea. The changeover and
completion of the solarisation programme will take two
years to complete.
6. The Commissioners made an offer to pay £900 on a "once
off" basis to Deck Ratings (20) and £2,000 to Deck
Officers, to implement the new buoy maintenance
programme. The catering staff (8) were not included in
the offer. The Union rejected the Commissioners'
proposals because (a) it excluded the catering staff and
(b) it wanted a substantial increase on the £900 on offer
in line with that offered to the Deck Officers. The
Commissioners rejected the Union's claim.
7. As no agreement was possible between the parties, the
dispute was referred to the conciliation service of the
Labour Relations Commission. A conciliation conference
was held on 30th June, 1995 and 13th September, 1995.
The Industrial Relations Officer wrote to both parties on
21st September, 1995 setting out proposals for settling
the dispute. The Company accepted the proposals but the
Union rejected it following a ballot of its members. The
Commissioners requested that the dispute be referred to
the Labour Court for investigation. The dispute was
referred to the Labour Court on 20th November, 1995 in
accordance with Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute on 18th
January, 1996.
UNION'S ARGUMENTS:
3. 1. The proposed changes to the buoy maintenance programme
will result in an increased workload.
2. The Union is claiming an increase in the basic rate of
pay for the extra workload involved in operating the new
system.
3. Deck Ratings and Deck Officers should get the same
compensation.
COMMISSIONERS' ARGUMENTS:
4. 1. The Commissioners are under pressure to keep costs down
and to remain competitive. It has been instructed to
achieve a 10% savings on running costs by April, 1996.
2. The Commissioners' proposals for a four year buoy
maintenance programme is in line with that operated by
the other two Lighthouse Authorities - Trinity House and
Northern Lighthouse Board.
3. The 'once off" payments to both Deck Officers and Deck
Ratings reflects the different levels of responsibility
and the number of hours involved in the work.
4. Any concession of the claim to the catering staff would
have repercussions throughout the organisation.
RECOMMENDATION:
5. In all the circumcstances of the case the Court recommends that
the parties accept the proposals set out in the Industrial
Relations Officer's proposals in letter dated 21st September, 1995
subject to the proposed monitoring of the work being applied to the
Deck ratings as well as Catering staff and that monitoring take
place over a period of 12 months to allow the effect in all seasons
to be taken into account.
~
Signed on behalf of the Labour Court
Evelyn Owens
26th January, 1996 ---------------
L.W./U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR LARRY WISELY, COURT SECRETARY.