Labour Court Database
File Number: CD88918
Case Number: LCR12233
Section / Act: S67
Parties: CARGO EQUIPMENT LIMITED - and - AMALGAMATED ENGINEERING UNION;UNION OF MOTOR TRADE TECHNICAL AND INDUSTRIAL EMPLOYEES'
Claim on behalf of 13 workers for compensation for working new and dirty cargoes.
6. The Court has considered the submissions made by the parties
and takes the view that the making of additional bonus or other
payments in respect of this or other particular cargoes is not
warranted. The Court does not therefore recommend concession of
the Unions' claim.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD88918 RECOMMENDATION NO. LCR12233
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
PARTIES: CARGO EQUIPMENT LIMITED
AMALGAMATED ENGINEERING UNION
UNION OF MOTOR TRADE TECHNICAL AND INDUSTRIAL EMPLOYEES'
1. Claim on behalf of 13 workers for compensation for working new
and dirty cargoes.
2. The Company is a wholly owned subsidiary of Dublin Cargo
Handling Limited (D.C.H.). The Company was incorporated in 1984,
and provides the maintenance of mechanical handling machinery
operated by D.C.H. in the deep sea section of Dublin Port. The
workers concerned are 8 craftsmen and 5 helpers employed on the
maintenance of the machinery.
3. In October, 1988 the Unions' lodged a claim for a payment of
#2 per hour when employed during the discharge of corn gluten
pellets on the basis that this cargo is a particularly dirty
commodity and is new to Dublin Port. The Company rejected the
claim and the matter was referred to the conciliation service of
the Labour Court on 22nd November, 1988. A conciliation
conference was held on 29th November, 1988. As no agreement was
possible both parties consented to an investigation and
recommendation by the Labour Court. A Court hearing was held on
22nd December, 1988.
4. 1. The cargo of bulk corn gluten has only been discharged in
Dublin Port in the recent past. It is a particularly dirty
cargo as it has an obnoxious odour which seeps into the
clothes and skin of the workers concerned. Despite intensive
washing the odour is lasting and is being brought home causing
concern and distress to the respective households. Daily
changes of clothing are necessary, which does not resolve the
problem in total but is of some assistance. The consequence
of this is the added time and extra cost for clothing, clothes
cleaning and washing etc.
4. 2. Dockers who are also associated with this product have
recently concluded negotiations on a productivity agreement
which gives them a #2.00 per hour bonus for acceptance of this
and other cargoes.
3. The management has suggested that the Unions' are
precluded under the Programme for National Recovery (P.N.R.)
from serving a claim in respect of this cargo. They did,
however, acknowledge that the workers were suffering adversely
from this cargo and supplied some additional protective
clothing. They also offered additional manning on overtime.
The Unions accept that the P.N.R. is in existence but would
make the point, that if this employer wishes to change the
conditions of employment subsequently, that we are entitled to
5. 1. While the Company acknowledges that the cargo concerned is
of a dirty nature, it believes that the emphasis given to this
by the Unions' is grossly exaggerated. The workers concerned
are also involved during the working of ships carrying coal,
soda ash, peat which are traditionally carried through Dublin
Port and recognised as dirty cargoes. The Company provides
modern shower facilities, protective clothing, face masks,
goggles etc., in order to minimise the effects of such
2. The workers are in receipt of a regular bonus payment
which was agreed with the Unions'. It is the Company's view
that this bonus covers work during the loading or discharge of
any cargo. The Unions' have attempted to justify the claim on
basis that the dockers receive a similar amount for handling
this cargo. However the dockers receive different bonus
payments depending on the type of cargo. The #2 per hour rate
for dockers is in respect of all bulk cargo. They do not
receive any other bonus payment.
3. Concession of the claim would effectively give the workers
a double bonus system which would have serious implications
for bonus structures within the Company and in the parent
4. The claim is in breach of the P.N.R. and if conceded would
have enormous repercussive effects within Dublin Port.