FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : COMMISSIONER OF IRISH LIGHTS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Normal ongoing change.
BACKGROUND:
2. The Commissioners of Irish Lights is a statutory body responsible for maintaining the lights and other aids to navigation around the entire coast of the island of Ireland. The case concerns a dispute between 24 Tradesmen and General Operatives who are members of the Union in the Coast Craft Group (CCG) and Management in relation to an instruction to stay on board ship overnight and if this constitutes 'normal ongoing change in the workplace' as outlined in the Key Principles underpinning the Transitional Agreement and within the meaning of 'Towards 2016'. The CCG carries out maintenance work on rock (lighthouse), island and land stations and generally are accommodated locally on shore in a B&B or Hotel and were paid the normal subsistence rate. In March 2008 two Painter members of CCG, who were working on the Dundalk Pile Light Project, were instructed to stay overnight on the Irish Lights Vessel(ILV) Granuaile and this change in practice has led to this dispute.
The dispute was referred to the Labour Court on the 14th April, 2009 in accordance with Section 20(2) of the Industrial Relations Act, 1969, and both parties agreed to be bound by the Recommendation. A Labour Court hearing took place on the 19th June, 2009.
UNION'S ARGUMENTS:
3. 1. The very nature of maintenance work means that members of the CCG are away from home for approximately 33 weeks per year. This change of practice would only place a greater burden on their family life as it would increase their time away from home.
2. There are 24 rock stations where the CCG stays in the Lighthouse for about a 3-week period, 18 island stations and approximately 40 land stations where the Group stay in local accommodation. Instructing the Group to stays overnight on board ship during the Dundalk Pile Light Project is effectively changing the work on a land station to that of a rock station.
3. Although other Workers would stay onboard ship they would not have the same commitment as the CCG to staying on rock stations. The Incidental Allowance which is paid to an Employee on board a Lighthouse tender where meals are provided has never been paid to the Group as the issue has never arisen.
EMPLOYER'S ARGUMENTS:
4. 1. The requirement for the CCG to stay overnight on board a tender ship would happen only in unusual circumstances such as while working on special projects. This year there has been only one operation which necessitated staying on board overnight and only one other planned.
2. When staying onboard the ILV Granuaile Employees sleep in an individual en suite cabin with TV. Breakfast, lunch and dinner are provided and there is a gym, laundry facilities and a recreational area with a bar for after working hours. The payment of the full rate of subsistence is therefore not appropriate
3. In order to make up for the time spent away from home the Group receives an additional leave allowance of 30 days on top of their Annual Leave and Public Holidays.
RECOMMENDATION:
Noting the commitment by the employer that the staff concerned here would be treated no differently to other groups within the Employment who are required to work in similar circumstances, the Court recommends that the proposal put forward to the Court by Management should be accepted by the Union as constituting "normal ongoing change" within the meaning of "Towards 2016".
Signed on behalf of the Labour Court
Raymond McGee
31st July, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.