FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : STENA LINE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Public holidays.
BACKGROUND:
2. The Union has submitted a claim for public holiday entitlements (8 days) on behalf of thirty-two Stena general operatives (S.G.O.), who are employed by the Company at the Ferry Terminal in Dun Laoghaire ferry Port. They want these entitlements dealt with on the same basis as other groups in the Company i.e. a day off in lieu or payment for the day. There are two groups of workers involved, seven workers who were permanent at the time of a 1993 collective agreement and the remaining twenty-five workers who were made permanent after the 1st of May, 1993. Under the 1993 agreement (subsequently amended by a 1995 agreement following LCR14894), the monetary value of public holidays was consolidated into basic pay. There was a new rate of pay agreed for new staff employed from the 1st of May, 1993.
The Union claims that the staff employed after the May, 1993 were not aware public holidays were consolidated into their basic salary. The S.G.O.s are now seeking their statutory entitlement on the same basis as other groups within the Company but without any loss of pay. The pre-1993 permanent staff accept that public holidays are incorporated into their salary but now want this arrangement to cease. The staff are aware that it will reduce their pensionable salary and their shift allowance.
The Company states that the pre-1993 agreement was freely entered into by both the Company and the Union and that the members concerned were fully aware of the proposed changes involved. It claims that the validity of the collective agreement was now being questioned and accordingly, it could not negotiate on the matter.
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 15th of April, 1999, but no agreement was reached.
The dispute was referred to the Labour Court on the 20th of April, 1999, under Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 17th June, 1999.
UNION'S ARGUMENTS:
1. The post 1993 staff were unaware that public holidays were consolidated into their basic rate of pay.
2. Management indicated in 1993 that all staff in the Company would operate along the same lines but this has not happened.
3. The S.G.O.s state that they have been disadvantaged by the 1993 agreement and want to be treated in line with the rest of the staff in the Company.
4. The Union accepted the 1993 agreement on the understanding that it would not infringe the members' statutory rights.
COMPANY'S ARGUMENTS:
1. The 1993 agreement was freely entered into by both sides following collective bargaining at both national and local level.
2. Under the terms of the 1993 agreement the monetary value of public holidays was consolidated into the basic salary.
3. The validity of collective agreements is being bought into question and, accordingly, the Company is not prepared to negotiate on the matter.
4. The Company operates in a very competitive market. If costs are not curtailed, it will lose business to its competitors.
5. The claim being pursued by the Union is cost increasing and is therefore, precluded under Clause 6 of Partnership 2000.
RECOMMENDATION:
The negotiations that have taken place since 1993 have covered a wide range of issues culminating in the Comprehensive Agreements of 1993 and 1995.
The Court having considered the written and oral submissions upholds the Company's interpretation of the agreements as they apply to the pre and post 1993 employees.
However, the Court recommends that the Company supply employees in writing on appointment, personal information on salary and holiday arrangements in accordance with the Terms of Employment Act, 1990.
Signed on behalf of the Labour Court
Finbarr Flood
23rd June, 1999.______________________
LW/BCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.