FLEET MARITIME SERVICES (BERMUDA) LIMITED COMPANY AGREEMENT (RMT PERSONNEL)

Transcription

1 FLEET MARITIME SERVICES (BERMUDA) LIMITED COMPANY AGREEMENT (RMT PERSONNEL) 2018

2 Fleet Maritime Services (Bermuda) Limited/RMT Agreement The first Agreement between (then named) P&O Lines and (then named) National Union of Seamen was signed in 1981 and updated at intervals since then. This Booklet shows the position with RMT as at 1 st January 2018 and consolidates and supersedes all previous Agreements. This Agreement will be reviewed on 1 st January Signed for and on behalf of RMT Signed for and on behalf of Fleet Maritime Services (Bermuda)

3 Contents INTRODUCTION... 4 FLEET MARITIME SERVICES (BERMUDA) LIMITED /RMT AGREEMENT APPLICATION VARIATION CONSULTATION MANNING COMPLAINTS AND DISPUTES TOURS, HOURS OF WORK AND TIME OFF LEAVE BREAKS OTHER BREAKS SALARIES ALLOWANCES EMPLOYMENT RELATED MATTERS SHIPBOARD MATTERS...11 APPENDIX I UNIFORM/WORKING CLOTHING ALLOWANCES Clothing Allowance NOTES APPENDIX II Annual Salary scales... 14

4 INTRODUCTION This Agreement, which consolidates and supersedes those issued between 1981 and 1998, covers the terms and conditions of RMT ratings administered by Fleet Maritime Services (Bermuda) Limited (FMSB). It relies on mutual trust and understanding, regular discussion between Management and employees and their representatives, and recognises the need for development in the light of experience so that it remains appropriate and contributes to the viability of the Cruising operation to the benefit of all concerned. FLEET MARITIME SERVICES (BERMUDA) LIMITED/RMT AGREEMENT 1. APPLICATION This Agreement is between Fleet Maritime Services (Bermuda) Limited ("FMSB") and the Shipping Grade of The National Union of Rail, Maritime and Transport Workers ("RMT") on behalf of those ratings employed under this CBA, recruited and administered by FMSB. FMSB recognise RMT as being the body representing the interests of the employees and with whom they shall negotiate the terms and conditions of their employment. 2. VARIATION This Agreement shall be subject to discussion and negotiation at the request of either party but in normal circumstances a general review will take place at not less than twelve-month intervals, or the agreed settlement period. The Agreement may be terminated if either party gives not less than three calendar months notice prior to 1 January of any year. 3. CONSULTATION FMSB and RMT recognise the desirability of prior consultation on all matters within the scope of this Agreement. Such consultation shall extend to include duly elected ship Representatives. 4. MANNING Every effort will be made to ensure that ships are manned with the appropriate number of Senior Chief Petty Officers and Chief Petty Officers as required to meet operational demands. Senior Petty Officers and Chief Petty Officers employed under this CBA will be rotated across the P&O Fleet. If there is a requirement to work on any other brand, this will be via mutual agreement. 5. COMPLAINTS AND DISPUTES Please refer to the Onboard Complaints Procedure and Company Code of Conduct. Page 4

5 6. TOURS, HOURS OF WORK AND TIME OFF a) Tours Tours of duty are normally based on tours averaging 15 ½ weeks with a maximum of 16 ½ weeks. These may be varied to suit operational requirements. b) Hours of Work Hours worked are as required but will in normal circumstances be in accordance with laid down routines, which may be varied from time to time to meet passenger service or operating requirements, Whilst every endeavour will be made to contain hours of work, in those circumstances where the agreed content is necessarily exceeded, the appropriate compensation will apply, but there will be no downward adjustment if lesser hours are worked. (Refer 10.c) Normal routines are devised to ensure that proper rest periods can be taken but where, due to special circumstances, these are encroached upon, compensatory rest periods will be arranged to ensure minimum rest periods are: 10 hours rest in any 24 hour period and 77 hours rest in any 7 day period. Daily hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length. It is recognised that, wherever practicable, routines will so be arranged to provide for one continuous rest period in excess of this minimum each day. Where operationally possible, changes in job routines should be anticipated so that consultation can take place on board with those concerned before changes are made. During discussions, any suggestions by those concerned will be properly considered. Routines and watches will be arranged to utilise individual's skill levels to best effect. c) Time Off Every endeavour will be made to give time off when practical, and routines should wherever possible be such that total hours worked are not more than the total hours consolidated into salaries. (Refer 10.c) If it is possible and reasonable to grant time off during a period when, in accordance with the published or agreed work routine, the individual is normally required to work. The period should not, unless otherwise mutually agreed, be deducted from the total hours where these are being recorded; provided the individual will have either completed the work or duties beforehand, or someone else will have stood in for him/her without loss of proper rest periods, and the service to passengers is maintained. d) Union Matters The Company recognises the benefit of a nominated ship's representative to act as spokesperson on behalf of all members. Where operationally permissible, time will be made available to members whilst serving on board to discuss matters of concern, Where shore based meetings/discussions are held at the behest of the Company, then travelling expenses will be reimbursed to those RMT representatives attending. Page 5

6 7. LEAVE BREAKS With effect from 1 st January 2017, Petty Officers are entitled to 118 days within the year. This entitlement will increase to 123 days with effect from 1 st January Leave is earned whilst working on board, when in transit to/from overseas base ports. Leave is not earned during periods of sickness, study leave, leave of absence and compassionate leave. Periods off the ship during dry dock/refit in a UK port will count as leave provided such periods are incorporated into the leave programme. Leave ends at midnight on the day before either an individual joins his/her ship at a UK port, or the individual departs from UK to join his/her ship. Leave begins at midnight on the day the individual either signs off his/her ship at a UK port, or arrives back in UK. The leave year will run from 1 January to 31 December during which period the leave entitlement may be taken at any time subject to operational requirements. Accumulated leave will be carried forward at 31 December each year but negative leave will be cancelled and a nil balance carried forward. All employees must comply with the laid down leave programmes but personal preferences will always be given sympathetic consideration. 8. OTHER BREAKS a) Sick Leave A. From the first day you are unable to work for reasons related to an illness or injury which occurs or first manifests itself while you are onboard, you will receive sick pay irrespective of whether you are onboard or have been repatriated/landed. B. Sick pay will be for 16 weeks or until you become entitled to cash benefits under the law of your country of residence or until you reach maximum medical improvement, whichever occurs first. C. Sick pay will only be paid on the production of acceptable medical evidence e.g. valid Doctors Medical Sickness Certificate and in accordance with the Medical and Absence Policies. All employees becoming unfit must report this immediately to HR Services. All individuals are required to provide a medical certificate from their GP to HR Services. Non receipt of a medical certificate may result in the non-payment of your salary. FMSB may require the employee to be examined at any time by their own Medical Officer or the Company Nominated Doctor. b) Compassionate Leave When during the course of a tour of duty, the spouse or child of an employee or, in the case of a single employee, a parent falls dangerously ill, every effort will be made to repatriate the employee concerned as quickly as possible. Repatriation will be effected when the spouse, child or parent, is "dangerously ill" as defined by medical advice, when, on investigation, it is established that the presence of the employee is essential and when the duties of the employee can be taken over without the appointment of a replacement or when a replacement is readily available. When these conditions are met, the cost of the airfare will be borne by FMSB. Page 6

7 In the event of the death of a close relative, a request for repatriation will be also sympathetically considered provided that the conditions above are met. Approved compassionate leave will be paid for a maximum of fourteen days. c) Leave of Absence Unpaid leave will be granted provided due notice is given and the grounds are reasonable but subject to operational requirements. d) Local Leave Annual leave may be taken abroad provided due notice is given. During such periods a local leave allowance of 350 will apply provided no other flight/travel costs in rejoining the ship are incurred by FMSB. e) Study Leave Where employees' wish to acquire appropriate industrial qualifications to further their career prospects with FMSB, reasonable study leave will be granted. f) Maternity and Paternity Leave Individuals who become pregnant will be entitled to Maternity Pa y/leave in accordance with statutory provisions. Individual requests for paternity leave should be discussed with your rotation planner. g) Family Friendly Policies Employees will be eligible to apply for flexible working conditions under certain qualifying conditions (children under the age of 6 and caring for elderly dependants). Details available from the HR Department (UK). 9. SALARIES Annual consolidated salaries are in accordance with Appendix IV and incorporate recognition for hours worked in excess of eighty-four (84) hours per week. All employees are paid monthly in arrears into a personal bank account. 10. ALLOWANCES a) Travel All reasonable travel expenses, including Standard Class rail travel to/from the individual's home when joining/leaving ship will be reimbursed. Should domestic air travel as an alternative to rail travel be required within UK and Eire, this must be booked through the Crew Scheduling Department (UK). b) Uniform/Working Clothing Allowances See Appendix II c) Excess Hours i) Individuals will be compensated for hours worked in excess of 36 hours, worked and aggregated over a 3 day period, at the rate of 1.25of their annual consolidated salary for every eight hours, or pro rata for lesser periods. ii) Claims for excess hours above will be authorised by the head of department. Page 7

8 d) Extended Tour Compensation (ETC) Where tours of duty exceed seventeen weeks, ETC is payable after a further seven days have elapsed at the rate of one day s pay for each day over seventeen weeks served (including transit time) except when arranged at an individual's request or as a result of compassionate leave being granted to another individual who is then available for appointment. e) In Port Manning In all ports of call there is a requirement that a certain minimum number of the ships company must remain on board to deal with any emergency situation that might arise. f) Insurance i) Life cover is provided for those who are members of the FMSPCP PS Special cover will apply during warlike operations, to be agreed at the time. ii) A i r T r av e l In s u r a n ce. W h il st t r a v el li n g b y a i r o n co mpa ny b u s i n e s s, individuals covered by this agreement will be insured for l oss of life or disabl em ent up to a m ax imum o f 9,0 00. Th is entitlement is separate from and additional to, any benefits from the FMSPCPPS. iii) D e c e a s e d S e a f a r e r s, In t h e eve n t o f d e a t h w h i l s t s e r v i n g o n b o a r d o r subsequent to being landed ashore, the. Company will undertake to return the body to the UK where practicable under the provisions of the host country. g) Lodging Allowance Personnel seconded ashore in the UK may claim lodging allowance of 9.00 per working day when living at home or per day when living away from home. A l t e r n a t i v e l y, a t t h e i n d i v i d u a l ' s o p t i o n, F M S m a y a r r a n g e a n d p a y f o r accommodation, in which case the allowance of 9.00 shall be claimed per working day. Any allowance so paid is deemed to be taxable. h) Biogest/Sewage Tank Cleaning (not including external filters) Nominated individuals who undertake such work will be eligible to claim an additional payment equivalent of per day. i) Dismantling Sewage Pipes (not including toilet blockages) Plumbers who undertake the dismantling of main sewage pipes, where there is spillage, as determined by the Staff Engineer, will be eligible to claim a payment of Page 9

9 11. EMPLOYMENT RELATED MATTERS a) Reporting Procedures The Code of Conduct for the Merchant Navy must be adhered to both from the point of view of behaviour and work performance. Individual assessments are carded out by a reporting procedure involving the individuals concerned and, where appropriate, career guidance will be given. The aim of such procedures is to ensure that performance and behaviour of all individuals is monitored on a regular basis to encourage and promote a sense of commitment and loyalty, and where appropriate identify individuals for advancement/promotion. b) Permanent Promotion Permanent promotions will only be made by HR Department (UK) where a Head of Department considers an individual suitable for promotion and decides to recommend him/her, The recommendation will be supported b y a completed Confidential Report Form, which will have been discussed with the individual. It must be appreciated that whilst an individual may be considered suitable for promotion, this can only be affected if there is a vacancy in the overall establishment for that position. Where individuals cover positions under this agreement on a temporary/fill-in basis, pensions contributions will not be made by either party. c) Health and Safety Policy In accordance with statutory provisions, FMSB has issued a general policy statement in which it recognises and accepts its responsibility to safeguard the health and safety of its employees. (See Notice Boards on board) It has also arranged for Safety Committees to be formed on each ship to which each Department elects one Safety Representative. A copy of the Minutes of each Meeting held by the Safety Committees is forwarded to RMT. d) Discrimination The legislation and principles of both sex and r acial equality must be observed and tolerance shown. e) Redundancy In the event of a redundancy situation arising, severance/redundancy payment as negotiated between FMSB and the RMT will apply. f) Pensions Normal retirement age is between 62 and 65 for all RMT members, FMSB will contribute to the P&O Princess Cruises Personal Pension Scheme contribution levels varying from time to time. Page 10

10 12. SHIPBOARD MATTERS a) FMSB Fleet Instructions/Standing Orders The purpose of these regulations is to give guidance in the operation of our ships and ensure that proper standards are maintained. They are not intended to be restrictive but are required to be observed. Copies of any Standing Orders or Company Instructions involving RMT membership to be approved by RMT. b) Complaints Procedure Please refer to the Onboard Complaints Procedure. c) Training Shipboard management will ensure that the necessary training is, earned out and, where appropriate, on board training and facilities given. Retraining should be encouraged so that those employed can be channeled into those duties for which they are best suited. Attendance at safety related courses would be compulsory. d) Conditions During Refits and Drydockings. i) Employees are entitled to reasonable domestic facilities on board or immediately adjacent to their ships when vessels are in dry dock or undergoing substantial repairs in port. ii) The minimum standards are adequate heating and ventilation; electric lighting consistent with safety, health and hygiene; provision of sanitary water and hygienic lavatory facilities for adequate periods during each twenty-four hours. Provision of fresh drinking water and an adequate supply of hot and cold water for washing and shower purposes, provision of adequate catering arrangements and provision of unbroken rest periods - undisturbed by excessive noise caused by pneumatic scaling, shot-blasting or other reasons. iii) If it is not possible to provide these minimum standards suitable alternative arrangements should be made. e) Laundry Shipboard laundry facilities are available without charge for the purpose of laundering uniform, working clothes, and other items of everyday shipboard wear but not civilian clothing. Such laundry will normally be accepted twice per week and returned within two working days unless operational difficulties arise in which case passenger service requirements take precedence. f) In Port A vessel shall be considered to be in port" when secured at a scheduled berth or anchorage for the purpose of embarking or disembarking passengers. Page 11

11 APPENDIX 1 UNIFORM/WORKING CLOTHING ALLOWANCES In order to determine the appropriate rate of clothing allowance consistent with both the amount of livery/working gear items supplied by FMSB and the extent of uniform and working clothing required to be worn by individuals, the following groups have been established. Clothing Allowance Group I Group II Employees required to purchase complete uniform blues/whites, etc, and basic-working gear. Employees are required to purchase only basic working gear and/or basic uniform items. 150 pa 60 pa NOTES i) The allowances are paid in a lump sum at the beginning of each year with monthly salaries and will be outside of the annual discussions. ii) All PO's in the Deck and Engine Department will also receive Safety Shoes from the Slop Chest on board on a replacement basis. iii) Boilersuits and/or working gear will be issued on an as required basis on the authorisation of the Head of Department. iv) Deck Trainees are provided with a free issue of uniform. Group I - Group II CPO (Coxswain) SCPO Carpenters, Plumbers and Technical Storekeepers Page 12

12 APPENDIX II RMT ANNUAL SALARY SCALES EFFECTIVE 1 ST APRIL 2017 Role Base Salary Chief Petty Officer st Plumber Carpenter Technical Storekeeper Petty Officers move up a scale point for each year served, e.g. move to scale point 1 on completion of 1 year s service, up to a maximum of 9 years. The applicable scale amount is amount is added to the base salary. Page 13