FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH FERRIES - AND - SEAMEN'S UNION OF IRELAND DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Lashing
BACKGROUND:
2.
The dispute relates to a proposal by the Company that deck ratings employed on the MV "Isle of Inishmore" undertake the lashing of freight in Dublin, work which has always been carried out by dockers. Agreement has been reached with dockers to relinquish this work as part of a rationalisation deal in 1999. That deal involved a lump sum payment to the dockers plus an improvement in pay. Deck ratings presently lash cargo at Holyhead. The Company offered to apply the lashing bonus already applying in Holyhead to Dublin; to improve manning by two additional deck ratings, and to give each existing deck rating on this vessel a once off lump sum payment of £1000 gross.The Union states that the deck ratings do not wish to do this work under any circumstances. It claims that if agreement is to be reached a significant increase in pay will be required as well as a substantial lump sum payment and the incorporation of the lashing bonus into their basic pay.The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 27 th March, 2000, at which no agreement was reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 11th April, 2000. A Court hearing was held on the 24th August, 2000.On the 11th and 12th January, 2001 the Court undertook the return Dublin to Holyhead journey on the MV "Isle of Inishmore" and inspected the work of the claimants.
UNION'S ARGUMENTS
3. 1. If the workers concerned are to undertake the lashing of cargo at Dublin Port they must receive a lump sum payment equivalent to that made to dockers. A substantial increase in pay is also essential otherwise there will be no agreement. These workers are entitled to the same treatment as dockers, who work less hours than seagoing staff but are better paid.
2. If agreement is reached on this issue it would only apply to ships that are currently in operation, and not to the new one which is presently being built. There would be no implementation of any agrement until all outstanding issues are addressed.
3. The deck ratings work an eighty-four hour week currently, and the Company expects them to take on extra work for nothing. This is unacceptable as deck ratings would have to start work at 6.30 am and work straight through until 16.00 hours and start again at 00.15 next morning until 10.00. This would continue all week with no allowance made for late sailings or late arrivals. The Union clearly sees a need for change but it has to be paid for, with a substantial money offer, otherwise it will not happen.
COMPANY'S ARGUMENTS:
4. 1. The current method of operation in Dublin involves the ship coming into port and being fully tied up before the dockers board the vessel and start unlashing trucks. It is only when all trucks have been unlashed that the first vehicles can begin to disembark. This results in an unacceptable delay of between 15 and 20 minutes. Given that the vessel arrives into Dublin Port at approximately 07.00 hours, this can result in serious consequential delays due to traffic generally in the Dublin area. The Company's main competitor undertakes unlashing before the vessel is fully tied up, leaving Irish Ferries at a competitive disadvantage.
2. The operation of the deck department for the lashing operation at Holyhead has a crew of 18, all of whom share in the existing bonus scheme. The Company's proposal gives a crew of 20 ( 3 x 6 man watches+ 2 Master at Arms ). Two watches overlap in port during the lashing operation giving a crew of 12 available. There are no additional hours or new duties involved. The current bonus scheme yields approximately £800-£900 pa. The implications of the Company extending the bonus to Dublin Port would in effect double this figure. The starting point of the bonus needs to be reviewed when the new MV "Ulysses"comes into operation next Spring.
3. Having all lashing done on board the ship is essential in order to respond to customer demand. It is also the most effective method operationally and is cost efficient.
RECOMMENDATION:
The Court has examined all aspects of this case; this included a work inspection on board covering a round trip between Dublin and Holyhead. This included the two occasions when the vessel arrived in Dublin Port, and the unloading and loading at Holyhead. In regard to the company claim that the facility to unlash vehicles prior to docking is of commercial necessity, the Court is satisfied that this is justified.
Having observed the actual operation involved in lashing and unlashing the Court can understand the reluctance of the seamen to undertake the additional work involved. Therefore the Court recommends that upon acceptance the parties should make every effort to devise a system to ensure an equal distribution of this work over the number of ratings involved, so as to minimise the number of occasions that each rating will be required to carry out this work.
Taking into account that this matter has been outstanding for quite a number of years and that very little actual negotiation has taken place, the Court recommends as follows:
As the new vessel is due to come into service in the next few weeks and will have a greater capacity than the present vessel, the number of additional crew should be initially increased by five on it, to be reviewed in six months to establish whether this additional number is actually required for the operation of the new ship.
The new crew, together with the existing lashing crew already on board for the operation at Holyhead, should, as proposed by the company, be integrated into the total deck complement of the vessel and all should be involved in the lashing/unlashing operation at both Holyhead and Dublin.
The Court recommends that on the successful introduction of the operation of lashing/unlashing in Dublin the following bonus scheme should be introduced, replacing that presently in operation:
Number of Units Payment per Unit Carried
First 35 units 0.5p
Next 30 units 0.10p
Next 25 units 0.15p
Thereafter 0.20p
It is the intention of the Court that this proposed bonus will significantly increase the current level of the bonus paid. The proposed bonus should be calculated on the number of units carried per trip. This will be based on the Freight Manifest ex Dublin or Holyhead calculated over the week that the crew are rostered on and will be on an individual basis. It will be noted that this includes payment from the first unit and not from the 46th unit as under the old scheme.
The parties should meet to consider whether this payment per person should be made on a quarterly basis and not on an annual basis as present.
On acceptance of this recommendation and on its implementation, a lump sum of £5000 per Rating should be paid.
This recommendation covers the existing and new vessels on the Dublin/Holyhead route and is not intended to apply to the Rosslare route.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th January, 2001______________________
TOD/TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.