FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNR�D EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Pay and the use of a swipe card.
BACKGROUND:
2. Discussions have been ongoing between the parties since 1997 on a wide ranging Change Process. The Change Proposals concerned cover a re-designation of Port Grades, a new working hours structure, change in work practices (including the introduction of swipe cards for booking on and off) and related changes in pay structure.
The Company is proposing that the present grade structure in Rosslare Port would be revised by re-designating the present operative grades from their current Rail Traffic designations to Port specific grades as follows:
Current DesignationNew DesignationMax. 48 Hour Contract
Depotpersons Port Operative Grade 5 £21,250 p.a. (26,981.93 Euro)
Area Depotperson Port Operative Grade 4 £22,300 p.a. (28,315.16 Euro)
Senior Depotperson Port Operative Grade 3 £23,900 p.a. (30,346.74 Euro)
Port Tugmaster Port Operative Grade 2 £25,750 p.a. (32,695.76 Euro)
Port Traffic Coordinator Port Operative Grade 1 £27,525 p.a. (34,949.54 Euro)
The average earnings and weekly hours worked of the various grades are as follows:-
Traffic Coordinators -Average hours 62 - £33,015 (41920.42 Euro)
Tugmaster Drivers - Average hours 58.7 - £29,442 (37383.63 Euro)
Senior Depotpersons - Average hours 55.8 - £25,967 (32971.29 Euro)
Port Operative - Average hours 56.5 - £24,528 (31144.44 Euro)
Depotpersons - Average hours 51.8 - £21,441 (27224.45 Euro)
The main differences between the parties relate to the pay proposal. The Company's pay proposals were rejected as the Union claimed they were totally inadequate for the flexibility that was required by the Company. The Company are proposing a 3 day on, 3 day off working arrangement, with split shifts. They are also proposing a new six point incremental pay scale.
The Union's pay claim is for the following:-
Traffic Coordinators - £36,215 (45,983.56 Euro)
Tugmaster Drivers - £32,442 (41,192.84 Euro)
Senior Depotpersons - £28,967 (36,780.50 Euro)
Port Operative - £27,528 (34,953.35 Euro)
Depotpersons - £24,441 (31,033.67 Euro)
The matter was the subject of conciliation conferences held under the auspices of the Labour Relations Commission on various dates up to the 4th of July, 2001, As agreement could not be reached, the dispute was referred to the Labour Court on the 5th of July, 2001 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st of August, 2001.
UNION'S ARGUMENTS:
3. 1. The Company's pay proposals were rejected by the workers as being adequate for the flexibilities that are required by the Company.
2. The Company is proposing to change the roster pattern from a standard 6 day week, with Sunday worked regularly at premium rates to a 3 day on and 3 day off pattern, with 2 separate work periods aligned with shipping peaks. This will involve a major commitment by the employees, who will be on duty from 06-15 hours until 22.00 hours.
3. The Company is proposing to introduce a two-tier pay system and a 6 point incremental pay scale. Employees currently working at Rosslare Harbour who seek promotion will be subjected to working through a 6 point pay scale and will never reach the top point of the scale.
COMPANY'S ARGUMENTS:
4. 1. The pay proposals and new earnings structure appropriately deal with both the past and future in relation to the staff concerned, as they reflect existing earnings patterns, change elements and provide pay progression for new entrants.
2. The proposed swipe card is a necessary and convenient method of recording staff booking on and off, particularly as 2 periods of duty arise in the one day.
3. The key elements of stable earnings and regular maximum working hours will bring radical change and benefit to the staff concerned.
4. The work pattern proposed will improve Port efficiency and will bring benefit to the staff and to the Port business alike.
RECOMMENDATION:
This is a claim made on behalf of 75 staff deployed at Rosslare Port. The grades associated with the claim are Port Traffic Coordinator, Port Tugmaster Driver, Senior Depotperson, Port Operative and Depotperson.
It is one of nine disputes, separately referred to the Court, arising from the work reorganisation programme initiated by the Company in 1997. As the issues arising in each of these cases are similar, and in some respects identical, the Court convened a series of consecutive hearings to investigate each of them. The recommendations in each case have been formulated having regard to the totality of the submissions made in the course of all of the hearings.
Pay
The present case is distinguishable from all of the other claims considered in the present series. The Court considers that significant changes in work practice will be required from the grades associated with the present claims above that required from other groups within the Company. This includes 3 day on / 3 day off working, split shifts and the use of swipe cards. This, in the Court's view, justifies a different approach to the determination of the appropriate rate for these grades.
The Court has examined the current internal pay relationships within the Company, and has taken account of the recommendations which it has made in relation to other groups in the present series of claims. On the basis of the Union agreeing to the full range of flexibility measures required by the Company, the Court recommends that the following composite rates apply for a 39 hour contract and pro-rata for contracts of longer duration.
Port Traffic Coordinator (Port Operative Grade 1) £25,800 (32,759.24 Euro)
Port Tugmaster (Port Operative Grade 2) £24,760 (31,438.71 Euro)
Senior Depotperson (Port Operative Grade 3) £22,439 (28,491.65 Euro)
Area Depotperson (Port Operative Grade 4) £21,662 (27,505.07 Euro)
Depotperson (Port Operative Grade 5) £19,858 (25,214.46 Euro)
Duration of Contracts
In the case of all other grades, the Court recommends that the "duration of hours" contracts should be determined by reference to the operational needs of the Company subject to a minimum of 39 hours and a maximum of 48 hours. The Court recommends that the same arrangements apply in the present case.
Pay for New Entrants
In its submission to the Court, the Union has expressed strong opposition to the Company's proposal to put a separate salary scale in place for new entrants to the grade.
The Court acknowledges that similar arrangements to those proposed by the Company in respect of the grades associated with this claim have been agreed in respect of other grades. The Court also accepts that the introduction of a salary scale for new entrants represents an important cost mitigation measure which the Company is legitimately entitled to pursue.
Nonetheless, the Court is conscious of the degree of opposition which exists to these proposed arrangements, and is of the view that further discussions should take place with a view to elongating the proposed salary scale so as to provide that new entrants have the potential to progress to pay levels comparable to those recommended for existing staff.
Future Pay Determination
In previous related recommendations, the Court has found it necessary to comment critically on the decision of the parties to constitute each grade or category of employees as a separate negotiating unit for the purpose of the current negotiations. The inherent difficulties caused by this approach were also adverted to in the report prepared jointly by the Court and the Labour Relations Commission on issues arising from the dispute involving the ILDA in 2000. More recently, the special expert group appointed by the Minister for Public Enterprise to enquire into industrial relations within the Company, came to a similar conclusion to that reached by the Court, and recommended a major streamlining of negotiating structures.
If that objective is to be achieved, it will necessitate the application to all groups of a transparent and uniform approach to future pay determination. In formulating its recommendations in the present series of referrals, the Court has been mindful of this imperative. Whilst separate recommendations are being issued in each case, they are all based on the same underlying rationale and, if accepted, will have the effect of providing a framework of internal pay linkages which could be relied upon in future negotiations. This, it is hoped, will facilitate the parties in re-establishing unified and coherent bargaining and decision-making structures within the Company.
The Court strongly recommends that on acceptance, of these recommendations, the parties should commit to the establishment of unified negotiating structures and should enter into immediate discussion on the establishment of such structures.
Finally, the stance adopted by the Union in the present series of claims was directed at maintaining the internal integrity of the Company's pay structure. The strategy which the Court has adopted in the nine recommendations which it has issued is largely supportive of that position.
It should be clear that this strategy will be fatally undermined if any one of the recommendations in this series is rejected. The Court would, therefore, urge the Union to consider adopting arrangements for deciding on these recommendations which will maximise the possibility of obtaining a common outcome in respect of all groups.
Signed on behalf of the Labour Court
Kevin Duffy
5th September, 2001______________________
MO'C/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Marian O'Connell, Court Secretary.