Labour Court Database __________________________________________________________________________________ File Number: CD87322 Case Number: ARB872 Section / Act: S20(2) Parties: ESB - and - ETU |
Dispute concerning payment due to area supervisors for implementation of area studies report.
Recommendation:
5. The Court having carefully considered the submissions of the
parties made at the hearing of this arbitration case and reviewed
the information made available at a previous hearing, does not
find that the changes resulting from the introduction and
implementation of C.A.S., C.M.S. or Area Studies Report is such as
would merit a general regrading or the application of overscale
payments to Area Supervisors. The Court therefore decides that
the Unions' claims for ongoing payments be rejected but that a
final lump sum of #800 be paid.
Division:
Text of Document__________________________________________________________________
CD87322 THE LABOUR COURT ARB2/87
Section 70 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
ARBITRATION NO 2 OF 1987
PARTIES: ELECTRICITY SUPPLY BOARD
AND
ELECTRICAL TRADES UNION
ELECTRICITY SUPPLY BOARD OFFICERS ASSOCIATION
Subject:
1. Dispute concerning payment due to area supervisors for
implementation of area studies report.
Background:
2. During the period April, 1985 to June, 1985, separate
negotiations took place between the E.S.B. and the E.T.U. and the
E.S.B.O.A. (the Unions representing the area supervisors)
regarding their co-operation with the implementation of a new
Customer Accounting System (C.A.S.), a Construction Management
System (C.M.S.) and an Area Studies Report. Following these and
further negotiations agreement was reached on all aspects of the
Area Studies Report, and that the area supervisors would give
their ongoing co-operation with the C.A.S. and the C.M.S. An
interim lump sum of #600 would be paid to each area supervisor and
assistant area supervisor and that any outstanding items arising
from these negotiations to be referred to binding arbitration.
The only item which is unresolved is the balance of the payment
which is now due to the area supervisors in respect of the three
items. The area supervisors, through their Unions, are seeking a
total reshaping of the grading structure of their category
involving upgradings, in-scale increments and access to over scale
increments. The matter was referred to the conciliation service
of the Labour Court on 9th May, 1986.
A conciliation conference took place on the 20th June, 1986, at
which no agreement was reached. Both parties agreed to refer the
matter to the Labour Court for investigation and a hearing was
held on 8th September, 1986. The Court issued recommendation No.
11131, which stated:-
" The Court having carefully considered the submissions
of the parties does not find that the change in
responsibilities resulting from the introduction and
implementation of C.A.S., C.M.S., or Area Studies
Report is such as would merit a general regrading of
Area Supervisors. The Court therefore does not
recommend in favour of the Unions' claim but recommends
that a final lump sum of #800 be paid."
The Unions now, seek an arbitration under Section 70 of the
Industrial Relations Act, 1946, on the grounds that significant
developments have taken place since the hearing of 8th September,
1986. These developments were:-
(a) The impact of the proposed changes on the work and
responsibilities of the area supervisor arising from
Area Studies and co-operation with new technology
systems.
(b) The precedents which have recently been established for
ongoing payments to E.S.B. workers in return for
co-operation with change and new technology.
A Labour Court hearing was held on 6th March, 1987.
Unions' arguments:
3. (a) Since the 8th September the importance and impact of
the Areas Studies Report has become much more evident.
A joint working group has been established to produce
an areas procedural manual. The Unions have been
refused a copy of the manual lest we use it to
influence the Court in determining the final outcome of
our claim.
(b) The Area Studies Report, has defined the supervisors'
role more clearly, it has also asigned him new and
specific targets to meet. His work has also been
altered as there is now a greater emphasis on his
marketing role and he has been given responsibility for
maintenance in certain areas (details supplied to the
Court).
(c) Both C.A.S. and C.M.S. are at their early stages of
development. It is only recently that they have
evolved to a stage where their impact is being felt in
the areas. (Details supplied to the Court). The
workers concerned are directly involved in the day to
day managing of this work and deal directly with some
of the more difficult problems.
(d) The Board have argued that no ongoing payment has been
made to any category for implementation of C.A.S. and
C.M.S. However, the E.S.B. Industrial Council have
made awards to both clerical and technical workers
under phase 1 of C.A.S. and the initial phases of
C.M.S. (details supplied to the Court). The workers,
concerned if they were to receive a once off payment
would be severely disadvantaged vis-a-vis their work
colleagues whilst giving their full co-operation to the
introduction of the significant changes envisaged under
the Area Studies Report and technology arrangements
under C.A.S. and C.M.S.
(e) The Court may find it difficult to guage the impact on
the organisation of awarding grades to the workers.
The Court is asked therefore to make provision for an
immediate ongoing incremental adjustment equivalent to
the #1,400 sum previously recommended to each worker in
return for their co-operation with the Board's
proposals and for the addition of six overscale
increments on each grade.
Board's arguments:
4. (i) The Board is satisfied that all relevant evidence
associated with this case was presented by both sides
at the hearing on 8th September, 1986, and the Court
therefore had a full knowledge of all the evidence when
issuing its October arbitration.
(ii) The Board has not made any ongoing payments to any
category of worker for the introduction of new
technology. Once off payments have been made in cases
where there have been major changes. The agreements r
eached with the clerical and technical workers are in
respect of longstanding claims and cover many complex
issues.
Arbitration:
5. The Court having carefully considered the submissions of the
parties made at the hearing of this arbitration case and reviewed
the information made available at a previous hearing, does not
find that the changes resulting from the introduction and
implementation of C.A.S., C.M.S. or Area Studies Report is such as
would merit a general regrading or the application of overscale
payments to Area Supervisors. The Court therefore decides that
the Unions' claims for ongoing payments be rejected but that a
final lump sum of #800 be paid.
~
Signed on behalf of the Labour Court.
John M Horgan
____________________
16th_April,____1987.
M. D. / M. F. Chairman.