Labour Court Database __________________________________________________________________________________ File Number: CD86767 Case Number: LCR11142 Section / Act: S67 Parties: GALWAY CORPORATION - and - ITGWU |
Claim for the regrading of three workers.
Recommendation:
5. The Court, after careful consideration of the submissions and
subsequent correspondence, does not recommend concession of the
claim as made.
Division: CHAIRMAN Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD86767 THE LABOUR COURT LCR11142
CC861139 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11142
PARTIES: GALWAY CORPORATION
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim for the regrading of three workers.
Background:
2. The workers are employed by the Corporation as Grade I General
Operatives. The Union is claiming that they should be regraded to
Grade 3 as they carry out semi-skilled duties. The Corporation
rejected this claim. As no agreement could be reached at local
level the matter was referred to the conciliation service of the
Labour Court. No basis for a settlement was reached at a
conciliation conference held on 10th September, 1986, and the
matter was referred to the Labour Court for investigation and
recommendation. A Court investigation into the dispute was held
on 10th December, 1986, in Galway. Further information was
requested by the Court and was subsequently received.
Union's arguments:
3. (i) The workers carry out semi-skilled duties (details
supplied to the Court). The appropriate grade for
this work is Grade 3 of Local Authorities
Rationalisation scale.
(ii) The majority of semi-skilled (Grade 3) workers in the
Corporation are employed in the housing section. The
workers here concerned use the same equipment and
carry out similar duties as those workers but are only
graded as Grade I.
(iii) There have been a number of incorrect gradings in the
Corporation since the 1981 rationalisation.
(iv) The Corporation has acknowledged that the workers
concerned regularly use light equipment which in
itself merits Grade 2 status. However this rate was
never formally offered to the workers. There is an
acting up agreement which the workers do not benefit
from, although they do use the equipment.
(v) Workers using the same equipment and on similar duties
in other Local Authorities are paid at Grade 3.
Galway Corporation should conform to the norm.
Corporation's arguments:
4. (a) The Corporation is satisfied that the work carried out
by these workers is not of a semi-skilled nature and
that it does not compare in any way to the type of
work carried out by existing semi-skilled operatives
(details supplied to the Court).
(b) The Corporation does not consider that these workers
would be adequately experienced in the building trade
to employ them as semi-skilled operatives.
(c) The Corporation did offer to pay the workers an
appropriate allowance to bring them to Grade 2 status
on the occasions when their work requires them to use
tools or equipment associated with this grade.
(d) Concession of this claim could result in other workers
seeking regrading.
RECOMMENDATION:
5. The Court, after careful consideration of the submissions and
subsequent correspondence, does not recommend concession of the
claim as made.
~
Signed on behalf of the Labour Court
John M Horgan
22nd April, 1987 ---------------
R.B./U.S. Chairman