Labour Court Database __________________________________________________________________________________ File Number: CD86923 Case Number: AD873 Section / Act: S13(9) Parties: BORD NA MONA - and - FWUI |
Appeal by the Board, against a Rights Commissioner's Recommendation.
Recommendation:
6. The Court, having considered the submissions made by the
parties upholds the Rights Commissioner's recommendation on the
basis that the rate recommended by him should apply on a personal
basis.
Division: CHAIRMAN Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD86923 THE LABOUR COURT AD3/87
INDUSTRIAL RELATIONS ACTS, 1969
APPEAL DECISION NO. 3 OF 1987
Parties: BORD NA MONA
and
FEDERATED WORKERS UNION OF IRELAND
Subject:
1. Appeal by the Board, against a Rights Commissioner's
Recommendation.
Background:
2. The worker concerned in this case was detailed to take over
the job of storeman in the main stores at Derrinlough Engineering
Works in December, 1985. This followed the vacating of that
position by the previous main storeman. The new duty of the
worker was in addition to his previous full-time post of compound
storeman. Following the transfer of responsibility for the main
stores to the worker, the Union, on behalf of the worker, served a
claim on the Board for his upgrading from small to large storeman.
The latter designation was the one held by the previous storeman.
The Union's claim was rejected by Management on the basis of a
decline in stores activities due to a reduction in output in the
Engineering Workshop. As agreement could not be reached at local
level the matter was referred to a Rights Commissioner for
investigation and recommendation. On 8th October, 1986, the
Rights Commissioner issued the following recommendation:
"The worker had the same rate in his previous position in
the Engineering Stores and without doubt he has taken on
additional responsibilities. That is not to say that
Bord Na Mona are classifying the stores incorrectly. I
accept their classification of them as "small." He
however deserves some recognition for his increased
responsibilities and I recommend the Medium Stores' rate
for him."
On 20th November, 1986, the Board appealed the Rights
Commissioner's recommendation to the Labour Court. A Court
hearing took place on 17th December, 1986.
Union's arguments:
3. (i) The Union agrees that there has been a decline in
stores activities. It contends however, that this
consideration is off-set by the fact that the compound
and main stores are now operated by one storeman
instead of two.
(ii) The important factor in the worker's claim is that he
has the same responsibilities as his predecessor, and
as such should be entitled to the same rate of pay as
and from the date of his appointment in December, 1985.
Boards arguments:
4. (a) The classification of Derrinlough Engineering Store as
it now exists as "small" is correct within the grading
structure and acceptance of the Rights Commissioner's
recommendation would create an anomalous situation
within the Company.
(b) The change in the worker's position from that of
storeman in the compound to that of storeman in the
total stores does not mean an increase in his
responsibilities when account is taken of the overall
reduction in the stores' operation at Derrinlough
Engineering Works (details with Court). The situation
is that, consequential on the reduction in throughput
of the Engineering Workshop, the total stores' activity
has reduced to such an extent that it is now only
equal to what the activity in the compound stores area
was in 1981.
(c) In the circumstances that (a) the stores is properly
graded (b) the nature of the worker's duties have not
changed and (c) the responsibilities of the worker have
not increased, the appropriate rate for the worker is
that of small works storeman, and the Board requests
the Court to recommend accordingly.
DECISION:
6. The Court, having considered the submissions made by the
parties upholds the Rights Commissioner's recommendation on the
basis that the rate recommended by him should apply on a personal
basis.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_________________________
Deputy Chairman.
22nd January, 1987.
P.F./J.C.