Labour Court Database __________________________________________________________________________________ File Number: CD87687 Case Number: LCR11508 Section / Act: S67 Parties: POLIO FELLOWSHIP - and - IDATU |
Claims, on behalf of four clerical employees, concerning wage scales, one redundancy and the deduction of Union dues at source.
Recommendation:
6. Claim (a) Wage Scales:
The Court recommends that the wage scales as proposed by the
Fellowship be accepted and that the worker who is due to be placed
on the top point of the scale should be so placed from the date of
acceptance of this recommendation.
Claim (b) Redundancy:
The Court recommends that the Fellowship proposal be accepted and
implemented without further delay.
Claim (c) Check-off:
The Court recommends that the Fellowship concede to the Union's
request for the deduction of union subscription at source.
Division: CHAIRMAN Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87687 THE LABOUR COURT LCR11508
CC871107 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11508
Parties: POLIO FELLOWSHIP OF IRELAND
(Represented by the Federated Union of Employers)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
Subject:
1. Claims, on behalf of four clerical employees, concerning wage
scales, one redundancy and the deduction of Union dues at source.
Background:
2. The claims concern staff employed by Polio Instanto Bingo, the
purpose of which is to raise funds through the sale of bingo
cards. In 1986, the Union sought negotiations on the proposed
change of premises, wage scales, holidays and the deduction of
Union dues at source. Management indicated that a review of the
whole operation was required as it was losing money rather than
raising funds. This review commenced in mid 1987. In the
meantime one redundancy was agreed as was a wage increase of #10
per week on the basis of a wage review for March, 1987. In March
1987 the Union sought a meeting to discuss the wage review. The
current rates of pay are as follows:-
Worker A : #108.35 (7 years' service)
Worker B : # 81.62 (8 years' service)
Worker C : # 69.48 (4 years' service)
Worker D : # 60.00 (1 year's service)
Each is also in receipt of allowances.
3. A meeting took place in June at which management proposed a #5
per week increase for worker B, a #10 increase for a worker C, no
increase for a worker A and that worker D and a fifth worker be
made redundant. The Union rejected this proposal. The claims
were referred to the conciliation service of the Labour Court on
10th July, 1987 and conciliation conferences took place on 20th
and 21st July, 1987. Agreement was reached on the matter of the
redundancy of the fifth worker. Following discussion Management
put forward a proposal that from 1st January, 1988 a wage scale as
follows would apply:-
#101.00, #105.38, #109.61, #113,84,
#118.07, #122.30, #126.53, #130.77,
#135.00, assimilation to be on the basis of the nearest point
plus one. This would mean that from 1st January, 1988 rates
would be as follows:-
Worker A #135.00
Worker B #109.61
Worker C #105.38
An ex-gratia payment of #200 was offered to the worker D whom it
was proposed to make redundant. Agreement was not reached,
however, and the issues of a wage scale the redundancy and the
deduction of Union dues at source were referred to a full hearing
of the Labour Court. The hearing took place on 9th October, 1987.
Union's arguments:
4. (i) The four workers concerned are seriously underpaid.
They are in receipt of net pay of #87.69, #97.31,
#72.39 and #59.45 respectively. Their service ranges
from one to eight years. The Union considers that the
workers should be assimilated onto a wage scale in
accordance with their years of experience and that the
increases involved be paid with retrospection to March,
1987 (the Union submitted a number of clerical wage
scales to the Court.)
(ii) A total of five employees have been (or will be) made
redundant in a one and a half year period. Despite
what was clearly a difficult period the Fellowship
appointed a new staff member in September 1986, whom it
is now proposed to make redundant. Her net pay is
#59.45. The Union seeks the protection of this job or
at least the deferment of the redundancy for one year.
(iii) The Union is seeking to have Union dues deducted at
source. It does not consider that this would present a
difficulty and requires only the co-operation of the
employer.
Management's arguments:
5. (a) The purpose of Instanto Bingo is to generate funds for
the Polio Fellowship. It has, until recently been
unsuccessful in meeting this objective. A total
reorganisation and rationalisation was therefore
undertaken. It is essential, in this context, that
administration costs are carefully monitored.
(b) Management believes that the maximum number of
administrative staff which is justified is three. The
worker whom it is proposed to make redundant is engaged
principally in the dispatching of bingo cards. It is
felt that, with a flexible approach, the other three
staff could cover this work. The restructuring has,
furthermore, resulted in less administrative work. An
ex-gratia payment of #200 inclusive of notice has been
offered and is considered to be reasonable.
(c) Management considers that the offer on pay is
favourable. The three staff concerned work a thirty
two and a half hour week and enjoy a non-contributory
pension scheme. The duties are straight forwardly
administrative including a basic book-keeping element.
It is considered that the offer made compares
favourably with rates for similar work elsewhere. It
is acknowledged that with on-going assessment of
duties, it may be necessary to up-grade one person who
will be primarily responsible for administrative work.
(c) Management is not prepared to concede the facility of
deducting Union dues at source. The inclusion of the
payroll system, which is currently manual, on computer
is under consideration.
RECOMMENDATION:
6. Claim (a) Wage Scales:
The Court recommends that the wage scales as proposed by the
Fellowship be accepted and that the worker who is due to be placed
on the top point of the scale should be so placed from the date of
acceptance of this recommendation.
Claim (b) Redundancy:
The Court recommends that the Fellowship proposal be accepted and
implemented without further delay.
Claim (c) Check-off:
The Court recommends that the Fellowship concede to the Union's
request for the deduction of union subscription at source.
~
Signed on behalf of the Labour Court
John M Horgan
3rd November, 1987 ---------------
A.K./U.S. Chairman