FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COMMISSIONERS OF IRISH LIGHTS - AND - UNITE DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Incremental scale on D3 rate.
BACKGROUND:
2. The Commissioners of Irish Lights are funded by the Irish Government and through the Light Dues which are collected from ships visiting Irish Ports.The Commissioners are responsible for the upkeep and maintenance of the Lighthouse Stations within the Republic of Ireland. They are committed to providing the best technologically advanced navigational aids to Mariners at the least possible cost and which are in compliance with all national and international regulations and obligations.
Lighthouse Station Keepers were rendered redundant as a result of the full automation of all the Lighthouse Stations around the coast. In order to upkeep and maintain the Stations a new category of worker was introduced on a part-time basis. The newly appointed Lighthouse Attendants, many former Lighthouse Keepers, are paid a retainer, which is not part of this dispute, however whenever they accompany and assist Engineers, Tradesmen, Craftsmen, etc. the extraneous rate then payable (the D3 rate) is in dispute as this rate never changes over time apart from National Wage Agreements which are applied to it.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 17th November, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th January, 2009.
UNION'S ARGUMENTS:
3. 1. All other category of Workers have their pay rates increased in line with National Agreements and have grade and salary scales applied.
2. The Attendants believe that they are being unfairly treated. The Commissioners agree that there is validity in their claim but to date there is still no movement in the D3 rate.
3. There are now approximately only 80 Attendants and as the D3 only applies when they are working with other disciplines the claim would not involve a huge amount of extra cost.
COMPANY'S ARGUMENTS:
4. 1. In an increasingly competitive market there is pressure to ensure that the Lighthouses operate more cost effectively as Light Due receipts are down significantly as are world equity markets which have impacted negatively upon the General Lighthouse Fund.
2. The claim for the introduction of an incremental scale in respect of the D3 rate for extraneous duties is a cost-increasing claim and, as there is no increase in their responsibilities or duties, it is contrary to the National Agreement.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court is of the view that the claim is a cost-increasing one which is debarred under the provisions of "Towards 2016".
The Court accordingly does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
21th January, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.