Labour Court Database __________________________________________________________________________________ File Number: CD86930 Case Number: LCR10937 Section / Act: S67 Parties: BLOOD TRANSFUSION SERVICEBOARD - and - AGEMOU |
Claim for the introduction of 35 hour week for seventeen driver clerks.
Recommendation:
5. The Court, having considered the submissions made by the
parties, recommends that they should agree that an independent
assessment of the duties of the claimants should be carried out.
The Court makes this recommendation, having regard to the unusual
circumstances which led to the proposal of the Industrial
Relations Officer in November, 1985, that a fresh appraisal be
carried out (para VII).
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD86930 THE LABOUR COURT LCR10937
CC861534 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10937
Parties: BLOOD TRANFUSION SERVICE BOARD
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
AUTOMOBILE GENERAL ENGINEERING AND MECHANICAL OPERATIVES UNION
Subject:
1. Claim for the introduction of 35 hour week for seventeen
driver clerks.
Background:
2. The Union, on behalf of the workers, has been seeking parity
of pay and conditions between this group of workers and grade 2
clericals since 1981. Parity of rates of pay was achieved in
1982, and parity of annual leave was achieved in 1985. In 1986,
Management, at the request of the Union, carried out a review of
the length of the working week which the Union claimed should be
reduced from 40 hours to 35 hours per week to bring it into line
with that of the grade 2 clericals. This review had originally
been suggested by an industrial relations officer at a
conciliation conference which took place in November, 1985,
arising from the introduction of the "Plasma Procurement Factor
VIII Special Project." Management requested the Union side to
submit details of their job descriptions and the changes that had
arisen as a result of the workers involvement in the "Factor VIII
programme." Management judged that the changes in the type of
work carried out by the driver/clerks were not radical, and did
not constitute grounds for the concession of the 35 hour week.
The Union objected that:
(a) Management's position was factually incorrect in that
aspects of the work had greatly altered
and
(b) Management had thawarted the original intention of the
review by looking only at the changes brought about by
the factor VIII programme, instead of looking at the
cumulative changes over the past number of years.
In the view of the Union these changes constitute adequate grounds
for the extension of the 35 hour week to the driver/clerks. As no
agreement could be reached at local level, the matter was referred
to the conciliation service of the Labour Court on 15th September,
1986. A conciliation conference took place on 28th October, 1986.
No agreement was reached, and the matter was referred to the
Labour Court for investigation and recommendation on 26th
November, 1986. A Court hearing took place in Dublin on 23rd
December, 1986.
Union's arguments:
3. (i) It is important to be aware that this is not a frontal
assault on the 40 hour week. The Union's claim is one
which has evolved and been justified over a period of
years. The driver/clerk position is now even more
related to that of clerical grade II than it was
previously.
(ii) Driver/clerks now enjoy parity with grade II clerical
staff in respect of two important areas, rates of pay
and annual leave entitlements. The only remaining area
of disparity is therefore the duration of the working
week. This discrepancy should be rectified forthwith.
(iii) The Board's appraisal of the position of driver/clerk
was not in the Union's view, done in good faith. It
was rather an exercise designed to justify the
continued existence of what can only be described as a
hybrid grade.
The Board's arguments:
4. (a) With the post of driver/clerk as evaluated in 1982, the
clerical element of duties attached to the post was
fixed at 30% based on an extensive 12 week assessment
period. Nothing in the meantime, including the
introduction of the Factor VIII Programme, has
radically altered the clerical content level of
activity attached to the post. The evidence lodged by
the Union in support of the case for a 35 hour week
does not provide sufficient grounds for concession.
Management would argue therefore that to extend full
clerical grade II conditions of employment to a post
which has only a percentage of clerical grade II duties
attached to it would be totally unjustified.
(b) The position of driver/clerk has improved greatly since
1982, with assimilation on to clerical grade II rates
of pay, an improvement in meal allowances, an
improvement in overtime rates of pay and more
recently from 1986 onwards an increase in paid leave of
3 days per annum. Management would emphasise that
these gains are significant relative to developments
for other grades employed in the health sector during
this time.
(c) The cost of concession of the Union's claim would be in
excess of #32,000 per annum with a resultant increase
in pressure on the Board's finances, together with
possible knock-on effects. The Board together with all
other health agencies, must operate within tight
budgetary constraints.
(d) All the evidence available clearly indicates that there
has been no general trend towards a reduction in the
forty hour working week. The Labour Court will be
aware that virtually every claim before it for a 25th
Round increase included a claim for a shorter working
week. The Court invariably recommended against any
such reduction in the light of the financial
circumstances of many of the companies involved.
(e) The Board is experiencing severe budgetary and cash
flow problems at the present time (details with Court).
There is no room for further service charge revisions
because of severe cuts in the Health Services, and any
further cost increases must mean staff reductions
and/or reappraisal of transportation methods.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, recommends that they should agree that an independent
assessment of the duties of the claimants should be carried out.
The Court makes this recommendation, having regard to the unusual
circumstances which led to the proposal of the Industrial
Relations Officer in November, 1985, that a fresh appraisal be
carried out (para VII).
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_________________________
Deputy Chairman.
22nd January, 1987
P.F./J.C.