FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GREENORE FERRY SERVICES LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Basic rate of Pay/Skills Payment/Retainer
BACKGROUND:
2. The Company is privately owned by the Dublin Port Company and One51. It provides manual labour and plant operatives to Greenore Port, Co. Louth for the purpose of loading and discharging commercial ships. The Port is known as a "jobbing port" in that it takes in ships on a demand basis instead of operating to a regulated schedule or timetable. The Company employs 6 permanent staff and approximately 20 casual workers. The dispute concerns the casual workers. The Union is seeking an increase in basic pay, the application of a skills payment and a retainer on behalf of the 20 workers. The claim is as follows:
Pay:permanent workers are on €13.08 per hour whilst casual workers are paid €12.13. The Union is seeking parity of pay.
Skills payment:the Union is seeking payment of a skills bonus for all casual workers for using port equipment, excluding cranes.
Retainer payment:the Union is seeking the payment of a retention payment for its members while not at work. This is to reflect the flexibility of the casual workers and the potential loss of Social Welfare payments.
At a conciliation conference in June and July, 2008, the Company proposed bringing the casual hourly rates of pay in line with the permanent workers but only if the workers agreed that the application of overtime payments at time plus one half be delayed for one hour to 6.00 p.m. daily and double time be made from 1.00 a.m. instead of midnight. On Saturdays time plus one half would extend from midday to 1.00 p.m.. All other overtime payments would remain unchanged. The Union rejected the proposal.
The dispute was referred to the Labour Court on the 15th August, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd October, 2008.
UNION'S ARGUMENTS:
3. 1.Pay:Casual worker undertake the same range of duties as permanent workers (with the exception of crane drivers who receive an allowance of €140 per week.) There is no justification for a differential of almost €40 per week to exist between casual and permanent workers.
2.Skills payment:the casual workforce is fully interchangeable and flexible with the task they are required to undertake (details supplied to the Court). It is unfair that the Company pays one group of workers for their skills but will not extend the principle to another group.
3.Retainer:the casual employees work no rostered hours nor are they given any commitment with regard to the provision of hours. They have at times gone considerable periods of time without. They are paid only for the time they are in work. It is acknowledged by the Company that without the casual workforce the Port could not operate.
COMPANY'S ARGUMENTS:
4. 1.Pay:the Company offered to give the casual workers pay parity with the permanent employees by making a small adjustment to the overtime rates but the offer was rejected. For the 15 most active casual employees in 2007 their average earnings were only slightly behind the permanent workers.
2.Skills payment:the payment of an allowance to crane drivers is standard practice within the industry. Permanent workers who do not operate a crane do not receive a skills allowance for operating other port equipment.
3.Retainer:this is a claim for an entirely unproductive payment that has no benefit to the Company.
RECOMMENDATION:
The Court has considered the oral and written submission of the three claims submitted by the Union on behalf of twenty casual workers and recommends as follows: -
Basic Rate of Pay
The Court recommends that the basic hourly rate of pay of the casual workers should be increased to bring it in line with the basic hourly rate of pay of permanent workers, with effect from 1st November, 2008. For the avoidance of any doubt the Court does not recommend a change to the existing overtime premia arrangement for the casual workers.
Skills Payment
The Court recommend that the skills payment paid to permanent workers for working on cranes should be applied in a similar fashion to a casual worker in the event that such a worker operates a crane, however, the Court does not recommend in favour of the extension of a skills payment to other category of workers.
Retainer
Having considered the nature of the working relationship the Court does not recommend in favour of the payment of a retainer to the casual workers. Therefore, the Court rejects this claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th November, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.