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Irish Ferries Deal?

category national | worker & community struggles and protests | other press author Monday December 05, 2005 15:48author by siptu member Report this post to the editors

SIPTU are currently entering into negotiations based on the recommendations of the National Implementation Body for ending the Irish Ferries dispute. Please see below, statement of National Implementation Body.

Statement by the National Implementation Body
Sunday, 4th December, 2005

The National Implementation Body was established to help to ensure delivery of the stability and peace provisions of Sustaining Progress. Under that agreement, the NIB may make recommendations to the social partners to ensure the effective delivery of the spirit and intent of the Partnership Agreement.

The NIB has been monitoring closely developments in the dispute at Irish Ferries. It has done so with particular regard to the impact of this dispute on the wider climate of industrial relations and, in particular, on the capacity of employers and trade unions to promote industrial harmony as a critical element in maintaining confidence and stability in the economy, as provided for in Sustaining Progress.

In this context, the NIB is particularly mindful of the concerns which have been expressed about the maintenance and protection of employment standards in the Irish labour market. The NIB believes that it is appropriate that it should convey to the social partners, and to the Government, its considered views on the situation which has now developed. In particular, the NIB wishes to convey its concern that the situation which has now evolved has the potential to damage significantly the climate of trust and stability which has developed over the years in the context of social partnership. This reflects the specific anxieties regarding the adequacy of employment protection measures, notwithstanding the commitment of the social partners to the operation of a flexible labour market as set out in Sustaining Progress. Instability also arises from the fact that the process of negotiating a successor to Sustaining Progress has not yet commenced.

Accordingly, the NIB recommends to the social partners and to the Government as follows:

1. There is a need to review, improve where necessary and promulgate the range of employment protection measures which apply to workers in the Irish economy on the lines of the terms of the Taoiseach’s letter to the ICTU on October 21st, and related issues subsequently raised;

2. The process outlined at (1) should comprehend in particular the incentives and disincentives within public policy which might influence decisions to substitute lower paid workers for those currently employed in existing positions;

3. There is a need to ensure that inspection and enforcement systems in respect of mandatory employment standards are effective in providing assurance both to employees and to responsible employers who meet fully their obligations;

4. The position of vulnerable workers who have re-located to Ireland from abroad should be the subject of a particular focus in these enforcement issues.

5. The arrangements which the NIB envisages should arise from the foregoing recommendations to secure an appropriate balance between employment protection and labour market flexibility are best reflected in the terms of an agreement between the social partners and the Government, since such agreement provides the strongest assurance of the widest support and implementation of these measures. Accordingly, the NIB strongly recommends that negotiations on a new partnership agreement should be commenced urgently, with a view to early agreement.

With regard to the specific dispute at Irish Ferries, the NIB notes the extensive involvement of both the Labour Court and, currently, the Labour Relations Commission. It also recognises the unique character of the legal framework within which the maritime sector operates, not least having regard to the international regime regarding the determination of employment conditions by the country on whose register a vessel is entered, in the context of the right of establishment under EU law. Nonetheless, having regard to the impact of this dispute on the wider industrial relations scene, the NIB recommends:

- that Irish Ferries should suspend its application to re-register its vessels on the register of Cyprus;

- the efforts to arrive at an agreement regarding the terms and conditions of employees who wish to remain in the employment of Irish Ferries should continue and be brought to a conclusion not later than 7th December;

- the terms and conditions of employees who are recruited to work on these Irish Ferries vessels in the future should reflect, inter alia, Irish minimum wage arrangements, in the context of the unique nature of the contracts of employment which typically operate in the maritime sector, and to the competitive pressures faced by the company;

- in the event that the outcome of this process was that these vessels were not maintained on the Irish register, then the terms of any agreement with regard to existing employees, and the standards which would apply to employees who are recruited to work on these Irish Ferries vessels in the future, should be reflected in an agreement of binding character which would not be vitiated by any subsequent change in the country of registration.

The NIB therefore urges the parties, without prejudice to their respective positions, to engage fully with the Labour Relations Commission over the period ending on 7th December with a view to finalising an agreement.

ENDS

author by Des Derwinpublication date Mon Dec 05, 2005 20:50author address author phone Report this post to the editors

Any agreement by the trade unions to accept replacement of the current workforce at Irish Ferries, whether by displacement or natural wastage, with workers that would be paid the National Minimum Wage of a mere 7.65 Euro an hour would be a watershed defeat for the trade union movement. It would be a settlement that the most hawkish employer would delight in and would accelerate the 'race to the bottom' in employment conditions.

Thousands of workers are ready to come out on Friday next to support the Irish Ferries workers. The unions should stand firm and hold their nerve.

author by Observerpublication date Tue Dec 06, 2005 11:20author address author phone Report this post to the editors

After controlling the airwaves for most of last week it strikes me that that the government attempted to outflank the trade union movement on Sunday and yesterday. They obviously know that the leadership is weak and open to much division. One only has to look as the annoucements of McLoone the week it looked like Jack O'Connor and SIPTU decided that they were going to make a stand. Bertie all day yesterday gave the impression that a deal was done and to look at all the media coverage it would seem the recovening of the partnership talks was only a formality. It's time for SIPTU to regroup and regain the moral high ground. Time for them to spell out that what is on offer from the NIB and that it in no way resolves this issue and shout from the rafters that Bertie is complicit in the race to the bottom.

author by Updaterpublication date Tue Dec 06, 2005 11:31author address author phone Report this post to the editors

1)A National Implementation Body (NIB) proposal designed to address the issue was dismissed last night as "a nonsense" by Siptu's marine branch organiser, Paul Smyth. He said it remained his union's position that a resolution to the dispute would have to involve the company's ships continuing to sail under the Irish flag.
A compromise formula proposed by the NIB would have allowed the company to re-flag its ships once it had entered a binding agreement to maintain Irish employment standards. Mr Smyth described this proposal last night as a "pipe dream" because, he claimed, it would be unenforceable.
No one had been able to tell him, he added, what the "route of remedy" would be for workers whose employment terms were breached if the ships were sailing under a foreign flag.

2)Despite the commencement of talks at the LRC, Siptu said yesterday the event would go ahead as planned. Leaders of some unions, however, believe it should be called off if the ferries dispute is settled in the meantime.
The issue will be debated today by the executive council of the Irish Congress of Trade Unions.

author by pat cpublication date Tue Dec 06, 2005 13:00author address author phone Report this post to the editors

the ictu beaurocrats snatched defeat out of the jaws of victory in the ryanair strike. they will attempt something similar here. a victory by workers which is acheived through independent action and solidarity action is a threat to the power of the siptu and ictu "leaderships". they will sell out the workers and try and pass off some rotten compromise (not worth the paper its written on) as a "victory".

fridays action must proceed.

author by Updaterpublication date Tue Dec 06, 2005 13:01author address author phone Report this post to the editors

The Irish Congress of Trade Unions is expected to press ahead with its planned Irish Ferries rally regardless of the outcome of talks at the Labour Relations Commission.
The ICTU executive is due to meet this evening to decide on the matter, but officials have already indicated that the protest is likely to take place.
Asked about the matter this morning, ICTU's Peter McLoone said the demonstration was about more than just Irish Ferries.
"There is a growing need to improve labour standards and to plug all of the loopholes that currently exist and remove any incentive that might encourage an employer to displace an existing workforce and replace them with a cheaper one," he said.

author by Readerpublication date Tue Dec 06, 2005 13:29author address author phone Report this post to the editors

"An amount of posturing and macho behaviour has been on display from both unions and management in this dispute. Irish Ferries lost the public relations battle because of its unilateral and aggressive actions. It would be well advised, at this stage, to cut its losses. The terms of agreement proposed by the NIB involve concessions being made by both sides. They should be accepted.
"On the broader industrial relations front, Siptu and Ictu should urgently review the decision to hold a national day of protest next Friday. Even if the dispute at Irish Ferries has not been formally resolved by then, it is to be hoped that it will be on the cusp of settlement. In such circumstances - and in spite of the obvious momentum behind the planned protest - the responsible thing to do would be to call it off. Ictu's executive council will consider that issue today."

author by Updaterpublication date Tue Dec 06, 2005 14:18author address author phone Report this post to the editors

SIPTU has called on the Government to fund and implement a range of measures to save Ireland's shipping sector. The union said Marine Minister Pat 'the Cope' Gallagher indicated his support for a number of state aids recommended by the Irish Maritime Development Office earlier this year. However, it said none of the recommendations had been implemented. SIPTU said the Government currently had a huge surplus of Exchequer funds and these should be used to pay for the establishment of state aids to protect Ireland's shipping industry.

author by Updaterpublication date Tue Dec 06, 2005 16:43author address author phone Report this post to the editors

Support for workers fighting plans to outsource hundreds of jobs at Irish Ferries was spreading across all sectors today with teachers’ and transport unions backing a national day of protest.
As management at the ferry company and SIPTU leaders entered a second day of intensive talks in a bid to end the bitter dispute, the 3,500-strong National Bus and Railworkers Union called on members to show their solidarity. Liam Tobin, NBRU general secretary, said drivers were being asked to join Friday’s demonstrations while ensuring commuter services were not disrupted. “The protest has been organised to show solidarity with the workers in Irish Ferries and to demand Government action to address the issues of displacement and exploitation in the Irish economy. All members are encouraged to support this initiative,” Mr Tobin said. “It is imperative, however, that members supporting this protest ensure that public transport is available to bring commuters to their destinations in the morning and to take them home in the evening on the day of the protest.”
Dozens of unions have come out in support of the ship workers along with umbrella body the Irish Congress of Trade Unions. The NBRU’s call to action came as primary and secondary school teachers and nurses were urged to join rallies in the fight against what unions have labelled social apartheid. Some 2,000 teachers are set to join the main march in Dublin, while the Irish Nurses Organisation said healthcare workers not working on Friday should also attend. All 57 unions affiliated to Congress support the day of action, while civil and public servants, transport workers and the Dublin Congress have also given their backing. Tens of thousands of people are expected to join the demonstration through Dublin, with speculation mounting that between 30,000 and 50,000 protesters may take part.
A SIPTU spokesman said: “There has been a groundswell of support for the march.”
Congress officials have been liaising with officers from the Garda Traffic Division and have been asked to end the demonstration outside Government Buildings on Merrion Street, rather than the narrower Kildare Street. Marches will also take place in Rosslare, Cork, Waterford, Limerick, Galway, Sligo, Athlone and Tralee.
John Carr, general secretary of the country’s largest teaching union, INTO, said he hoped as many as 2,000 teachers would turn up to the march in Dublin. But he insisted steps were being taken to ensure staff were available in schools to look after youngsters.
John White, general secretary of the Association of Secondary Teachers Ireland, said talks with management were ongoing to decide what would happen in senior schools on Friday. But he warned a significant number of people were expected to join the march and secondary schools could close for a half-day. “What we’re saying is that as many as possible, within the constraints, should be attending,” Mr White said. “We don’t want a situation where this march is not supported in a very significant way by second level teachers.”

author by Bertie Watchpublication date Tue Dec 06, 2005 18:01author address author phone Report this post to the editors

The Taoiseach has said he does not want to see Irish companies gaining competitive advantage in the marketplace by exploiting staff. Bertie Ahern has told the Dáil that social partnership has contributed enormously to Ireland's successful economy.
He said competitive companies should look at increasing productivity by bringing in new products and services, technological innovation and up-skilling staff. The Taoiseach said he does not want to see companies boosting competition based on poor wages, casualisation of labour, low health and safety standards, or other poor compliance practices.

What are you going to do about Bertie? Hello. You're the Taoiseach.

author by Updaterpublication date Tue Dec 06, 2005 18:15author address author phone Report this post to the editors

Teachers have been warned they will be docked pay if they leave work to attend Friday's national day of protest in support of Irish Ferries workers. In a statement this afternoon, Minister for Education Mary Hanafin, ordered all schools to remain open on the day. Minister Mary Hanafin said unions have not informed the Department of a work stoppage on Friday. She said arrangements are being put in place to enable schools to continue to function.
The Minister said deductions from pay must be made in all cases of unauthorised absence from work.

author by Infomationpublication date Tue Dec 06, 2005 21:22author address author phone Report this post to the editors

Updater what is your source for the following information -

Tens of thousands of people are expected to join the demonstration through Dublin, with speculation mounting that between 30,000 and 50,000 protesters may take part.
A SIPTU spokesman said: “There has been a groundswell of support for the march.”
Congress officials have been liaising with officers from the Garda Traffic Division and have been asked to end the demonstration outside Government Buildings on Merrion Street, rather than the narrower Kildare Street.

author by Updaterpublication date Wed Dec 07, 2005 11:51author address author phone Report this post to the editors

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