Labour Court Database __________________________________________________________________________________ File Number: CD86325 Case Number: LCR10867 Section / Act: S67 Parties: BORD NA MONA - and - AUEW(TASS) |
Claim, on behalf of four assistant land valuers, for regrading.
Recommendation:
5. The Court, on the basis of the submissions made and the
results of an independent view of the job carried out by a Court
appointed assessor, who had the co-operation of the parties, does
not recommend concession of the Union's claim.
Division:
Text of Document__________________________________________________________________
CD86325 THE LABOUR COURT LCR10867
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976.
RECOMMENDATION NO. LCR10867
Parties: BORD NA MONA
AND
AMALGAMATED UNION OF ENGINEERING WORKERS (TASS)
Subject:
1. Claim, on behalf of four assistant land valuers, for
regrading.
Background:
2. The workers concerned are assistant land valuers/negotiators
employed by the Board to purchase bogs for development. This work
involves negotiating the purchase of the land and negotiating in
regard to claims for damages against the Board. At present these
workers are in grade 2C with a maximum of #15,724 per annum. The
Union is claiming regrading to grade 1D with a maximum salary of
#17,768. The Union is seeking two years retrospection in the
application of the regrading and this aspect would affect a
further ten workers. The Board rejected the claim. No agreement
was reached through local negotiations and on 18th January, 1986,
the matter was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 9th April, 1986.
However, no agreement was reached and the case was referred to the
Court for investigation and recommendation. A Labour Court
hearing was held on 23rd May, 1986. The Court sought the
assistance of a technical assessor under Section 14(1) of the
Industrial Relations Act, 1946, to assess the grading of the work.
The assessor was appointed on 23rd October, 1986 and his report
was received by the Court on 26th November, 1986.
Union's arguments:
3. (i) There has been an increase from approximately #25 per
acre to roughly #250 per acre in the purchase price
of bogs in the last ten years. As a result
negotiations for purchase are now more complex and
often involve professional negotiators. The workers
concerned are responsible for expenditure up to
approximately #200,000 per annum.
(ii) The workers concerned have the final say in
negotiating the purchase price. They take full
responsibility without recourse to anyone in the
Board and carry out their work practically
unsupervised.
(iii) In recent years there is a growing number of claims
from farmers and others relating to bog development.
Private bog developments also make it more difficult
to purchase land.
(iv) The workers concerned work under very difficult and
often dangerous conditions to carry out their
responsibility for Bord na Mona.
Board's arguments:
4. (a) There has been no change in the job done by the workers
here concerned which would justify a regrading.
(b) From a comparison with other posts which are graded 2C
it is apparent that the posts concerned are correctly
graded at present.
(c) All new posts are carefully assessed before the
appropriate scale is selected. Posts are regraded when
the changes in the post are significant enough to
warrant it and no such changes have taken place in this
case.
(d) Any change in the grading of the claimants could lead
to consequential claims.
(e) It is not accepted that these jobs are unsupervised.
The workers operate within approved guidelines and
decisions are subject to sanction. In addition a
structure exists for supervision of land valuers.
RECOMMENDATION:
5. The Court, on the basis of the submissions made and the
results of an independent view of the job carried out by a Court
appointed assessor, who had the co-operation of the parties, does
not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court.
Evelyn Owens
____7th__January,__1987. ___________________
T. O'M. / M. F. Deputy Chairman