FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CENTRAL AND REGIONAL FISHERIES BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Crewing arrangements for 2 large patrol vessels.
BACKGROUND:
2. The Central Fisheries Board (CFB) owns and operates 2 patrol vessels, the Bradan Beatha (52ft) and the Costanoir Bradan (56ft). The vessels are used for sea patrols to discourage and intercept illegal drift-netting for salmon out to the 12 mile limit.
The Bradan Beatha has operated under a "wet-lease" arrangement between the CFB and the South-Western Regional Fisheries Board since 1995. It was also deployed in the Shannon and Southern Fisheries Board area in 1996. In 1996, the Costanoir Bradan was "wet-leased" to the North-Western, Western and Shannon Boards.
In 1995, a dispute arose regarding time-off and crewing arrangements on the Bradan Beatha and was the subject of Labour Court Recommendation No. LCR14879. The Court recommended that the crew should consist of one skipper and one rating paid for by the CFB and 4 staff supplied by the South-Western Regional Fisheries Board, except in cases where management was satisfied that 3 staff was adequate. The Court recommended that the CFB's proposals for time-in-lieu (details supplied to the Court) should be accepted.
The Union was unhappy with LCR14879 and meetings between the parties took place. In October, 1996, the operation of the 2 patrol vessels changed. The CFB had appointed a professional protection co-ordinator. The vessels would be directly deployed and operated by the CFB (following consultation with Regional Board managers) under the direct control of the protection co-ordinator.
Following meetings in December, 1996, the parties were in disagreement on the following issues:-
Size of panel:Management proposed a total panel of 30, with 16 serving on the Bradan Beatha and 14 on the Costanoir Bradan.
Crew numbers:Management proposed a crew of 5 ,i.e., skipper plus rating and 3 Fisheries Board crew members.
Compensation/Time-off:Management intends that the vessels will operate 7-day patrols which would mean crews working 7-days on and 7-days off. Management was prepared to offer a "patrol bonus" of £50 per 7-day patrol to each grade of Fisheries Board staff.
There was also disagreement regarding the proposed on-board standing orders.
The dispute was referred to the Labour Relations Commission and consiliation conferences took place on the 21st and 29th January, 1997. As the parties did not reach agreement the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th February, 1997.
UNION'S ARGUMENTS:
3. 1. Crewing/Size of panel.
A crewing level of 4 Fisheries Board officers as well as skipper and rating is essential. Two officers are required for night-watching in most waters i.e., 4 hour watches x 2 men x 2 shifts over 7 nights. This means a minimum of 4 officers per patrol. Because of the nature of the work there is also a safety element to be taken into account. A new 4-meter rigid inflatable boat has been fitted to the Bradan Beatha which requires 4 men to launch and retrieve it from the water. The reason the CFB wants to reduce the number of officers from 4 (as recommended in LCR14879) to a "norm" of 3 is financial. There are no grounds for savings at the expense of safety.
2. Compensation/Time-in-lieu.
The workers are willing to co-operate with the proposed 7-day patrols provided the existing terms of employment are retained. This entails credit of 16 hours each day for Saturday and Sunday. Together with the 5 days accrued during the week, this amounts to 9 working days off rather than 7.
Members are paid an unsocial hours allowance which entails extensive savings for management as overtime premiums are not paid. Management's offer of a patrol bonus is not enough. The payment of the relevant grade should be as follows:-
Inspector £83 per day x 4 days = £332.00
Asst. Inspector £68.29 per day x 4 days = £273.16
Fishing Officer £53.89 per day x 4 days = £215.58
(All rates are maximum of scales excluding unsocial hours allowance).
3. On-board standing orders.
The CFB document on standing orders, clause No. II, envisages consultation with everyone except the Union. Management only intends "explaining" orders to the members but will not consult with them.
COMPANY'S ARGUMENTS:
4. 1. Crewing/Size of panel.
While management would prefer a panel of 22, it is prepared to accommodate an annual panel of 30 but only on a 3-year rotation basis. In-house expertise, the marine surveyor's office and the contract marine management agency all agree that a crew of 5 (i.e., skipper plus rating plus 3 Fisheries Board crew) is the maximum number for carrying out all protection operations on board the 2 vessels. LCR14879 supported such a crewing level. There is also the problem that "habitability" on board the vessels would be compromised with any greater number.
2. Compensation/Time-in-lieu.
Management has examined the time-on/time-off conditions applicable in both the public and private marine sectors and found that its proposal of 7-days on/7-days off is consistent with the best available practice in the maritime sector. It is not a change in conditions of employment as the 2 patrol boats are an entirely new dimension in salmon protection. Management is prepared to pay a patrol bonus of £50 for 7-day patrol for each grade of Fishery Board staff.
3. On-board standing orders.
The newly appointed protection co-ordinator is prepared to discuss the standing orders with the panel of officers involved.
RECOMMENDATION:
The Court has considered the submissions of the parties to this dispute and has taken into account the verbal arguments put forward.
The Court recommends as follows on the various items:-
(1)Size of panel- 30 on a voluntary basis and no officer should be compelled to serve.
(2)Crew numbers- The Court notes the opinion of the Marine Suveryor's
office which supports the proposed crewing level of 3 Fishery Board staff.
In the circumstances, and having regard to the sensitivity and concerns of the
staff, the Court recommends that the proposed "norm" of 3 be read as a
"minimum" of 3.
(3)Compensation/Time-in-lieu-The staff enjoy an unsocial hours allowance,
payable weekly, thus dispensing with any claim based on the concept of a
premium rate. The Court notes new I.L.O. Seafarer Hours of Work and the Manning of
Ships Convention, 1996 that impose maximum limitation on the hours of work. The
Union's claim is not upheld in this context.
However, having regard to the other points made by the Union, the Court
recommends the following schedule of special allowances per 7-day patrol:
Inspector £150
Asst. Inspector £130
Fishery Officer £110
These allowances should be adjusted in line with pay adjustments.
This should apply in these unique circumstances and should not
constitute a precedent or be quoted in support of any future claim by
the Union or proposed change in conditions by the employer.
(4)Proposed standing orders- The Court recommends that the parties meet
and agree to set up procedures for consultation, negotiation and agreement
on proposed standing orders insofar as they relate to conditions of
employment.
Signed on behalf of the Labour Court
Evelyn Owens
13th March, 1997______________________
C.O'N./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.