FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY DOCKS-DRY GOODS EMPLOYERS (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. Review of pension scheme.
BACKGROUND:
2. The Union is in dispute with Galway Docks-Dry Goods employers at Galway port in relation to the pension scheme for dockers. The current pension entitlement is £45.00 per week. The Union is seeking negotiations to review the scheme. The scheme is jointly funded by the dockers and the employers on a 50/50 basis and provides for a fixed amount with no escalation built in.
The oil companies were a major user of the port facilities. However, they have dispensed with the services of the dockers and have paid a buyout which includes a provision in relation to pension entitlements.
In future, oil company vessels will be discharged by their own staff. The current main users of the port are McDonaghs and Donnelly's Coal.
Management states that it is not prepared to make any improvement on the current pension scheme. Galway port is one of the most expensive to use for dry goods cargoes and management is not prepared to add further to these costs.
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 6th of March, 1997 but no agreement was reached. The dispute was referred to the Labour Court on the 21st of March, 1997 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 5th of March, 1998.
UNION'S ARGUMENTS:
3. 1. The Dockers pension scheme which provides a pension of £45.00 per week has not been reviewed since it was first set up in 1988. It should be increased to keep pace with inflation.
2. The Union cannot accept management's argument that because some dockers work outside the docks that the pension scheme cannot be reviewed.
3. It is the duty of the Union to seek to improve the terms and conditions of employment for its members.
COMPANY'S ARGUMENTS:
4. 1. The pension of £45.00 per week had to be viewed in the context of the casual nature of dock employment.
2. The current pension scheme is jointly funded by the dockers and the employers on a 50/50 basis. The scheme provides for a fixed sum of benefit with no escalation built in. Management is not prepared to make any improvement on the scheme.
3. Galway port is one of the most expensive to use for dry goods cargoes. Management is not prepared to add further to these costs.
4. Dockers employed in New Ross and Limerick do not have a pension scheme.
RECOMMENDATION:
Having considered the submissions and taking into accountthe recent changesin the port, the Court considers that the Union's claim for a review of the pension scheme is not unreasonable. The Court accordingly recommends that such a review be carried out immediately without necessarily raising any expectations as to the outcome.
Signed on behalf of the Labour Court
Evelyn Owens
18th March, 1998______________________
L.W./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.