FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BLUEBELL TRANSPORT LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MARINE PORT AND GENERAL WORKERS' UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Working arrangements.
BACKGROUND:
2. Bluebell Transport is part of the Kersten Hunik group and is involved in the transport of goods throughout Europe and Britain. It employs 14 drivers who are involved in long distance driving.
In September, 1996 the Union served a claim on the Company for a review of wages and conditions of employment. The claim is for a basic salary of £300.00 per week, annual leave in line with 7 day operation, a pension scheme, death in service benefit and an agreed grievance and disciplinary process.
The Company claims that in April, 1997 it formulated a new contract of employment for its drivers concerning all aspects of the terms and conditions of their employment. This contract was the subject of a number of local meetings between the Unions and Management. The Company proposed a rate of pay of £231.00 per week. In addition, the Company proposed to pay expenses of £42.00 per day which is in line with the Revenue Commissioners guidelines. The Unions rejected the proposals as the Company refused to specify (a) the hours of work and (b) the hourly rate of pay.
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 the 12th of January, 1998 at which no agreement could be reached. The dispute was referred to the Labour Court on the 19th of January, 1998 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 26th of February, 1998.
UNIONS' ARGUMENTS:
3. 1. The Company has altered the terms and conditions of employment for the workers concerned without agreement.
2. The Company has refused to define the working week for drivers and also the hourly rate for the job.
3. The workers have received no increase in either the basic rate of pay or in their expenses in the past four years. This includes national wage agreements.
4. The Unions are seeking a basic rate of pay of £300.00 per week, and an increase in expenses in line with the Revenue Commissioners guidelines.
COMPANY'S ARGUMENTS:
4. 1. The pay and conditions in the Company are on a par if not better than its competitors, many of whom pay on a per trip basis.
2. The Company has offered a basic rate of pay of £231.00 per week plus £42 per day expenses in line with the Revenue Commissioners approved scheme. It will also increase annual leave to 18 days which will increase to 20 days in line with the terms of the Working Time Act.
3. The Irish Road Haulage Association has recommended a basic rate of pay of £170.00 per week as the industry norm. The association recognises that an hourly rate of pay is not workable within the industry.
4. International driving is not quantifiable in terms of hours worked. It would be a dangerous precedent for the Company to set one which could be detrimental to the transport industry in general.
RECOMMENDATION:
Having considered the submissions form the parties the Court has concluded that the introduction of an hourly rate is not realistic for this employment and accordingly does not recommend in favour of the Unions' claim on this point.
It is self evident that it is in the interest of the parties that an agreed contract be introduced. The Court recommends that the parties resume discussions on the contract, if necessary with the assistance of the Labour Relations Commission.
The number of hours/days worked presents particular difficulties because of the nature of the industry. The Court would expect this matter be addressed during negotiations on the contract taking into account that unreasonable hours of work must be compensated either by T.O.I.L. or monetary terms.
On the question of pay, the Court recommends a revised weekly basic pay of £250 plus expenses as authorised by the Revenue Commissioners, the above increase to operate from the 1st of October, 1997. The Company's proposals for an increase in annual leave as per the Working Time Act should also be implemented.
Signed on behalf of the Labour Court
Evelyn Owens
30th March, 1998______________________
L.W./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.