Labour Court Database __________________________________________________________________________________ File Number: CD87372 Case Number: LCR11523 Section / Act: S67 Parties: U.C.C. - and - ITGWU |
Claim by the Union on behalf of 88 workers for a wage increase under the 25th Wage Round and the establishment of an agreed pay relationship.
Recommendation:
6. The Court having considered the submissions made by the
parties recommends the following 25th round pay increase -
#5 per week with effect from 1st May, 1986
#1.15 per week with effect from 1st December, 1986 and
#6 per week with effect from 16th February, 1987.
The agreement to terminate on 30th June, 1987.
The Court considers that it would be appropriate that the
claimants should have a pay relationship with other workers in the
educational sector. Accordingly the Court recommends that the
appropriate pay relationship is with attendants in the Cork V.E.C.
Division: Mr Fitzgerald Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87372 THE LABOUR COURT LCR11523
CC861868 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11523
PARTIES: UNIVERSITY COLLEGE CORK
DEPARTMENT OF EDUCATION
DEPARTMENT OF FINANCE
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim by the Union on behalf of 88 workers for a wage increase
under the 25th Wage Round and the establishment of an agreed pay
relationship.
Background:
2. The 24th Wage Round Agreement in the College expired on 30th
April, 1986. In early May, 1986, the College offered the terms of
the 25th Wage Round for the Public Service as approved by the
Higher Education Authority, which is as follows -
18 month agreement,
4 month pay pause,
3% for 8 months,
2% for 4 months, and
2% for 2 months.
The Union rejected the offer and sought the terms of Labour Court
Recommendation (L.C.R.) No. 10,669, concerning pay for Local
Authority manual workers, i.e. #5 for 9.5 months, #6 for 4.5
months and also that the matter of pay relationship would be dealt
with seperately.
3. The principle of a relationship with a grade in the Public
Service was established in July, 1985, when the Labour Court, in
Recommendation No. 9838, recommended "that both parties enter into
negotiations to establish the appropriate grade or grades for such
a relationship"). The College agreed to these terms on the basis
of establishing a pay relationship with Grade 4 in the Southern
Health Board (S.H.B.). A differential increase of #1.15 per week
paid to the S.H.B. workers from 1st December, 1986, would also be
paid to the College's staff under the terms of this offer. The
Union rejected the College's offer, claiming relativity with Class
Aides in the Dublin V.E.C. On 12th November, 1986, the dispute
was referred to the conciliation service of the Labour Court. As
agreement could not be reached at a conciliation conference held
on 4th December, 1986, the matter was referred on 8th May, 1987,
to the Labour Court for investigation and recommendation. A Court
hearing took place in Cork on 11th August, 1987, - the earliest
date suitable to both parties.
Union's arguments:
4. (i) The Union seeks a pay relationship with the Dublin
V.E.C. Class Aides for the following reasons -
(a) Dublin V.E.C. Class Aides are employed in the
Third level Education sector;
(b) their duties cover a range similar to those
covered by the College grades in question;
(c) they have a pay relationship with Dublin
Corporation general operatives;
(d) they had already received the Public Service Pay
Agreement special award of #7.52 as a result of
that relationship;
(e) the Labour Court had already recommended that a
pay relationship with them was appropriate for
the University College, Dublin grades
corresponding to those in the College covered by
this claim;
(f) their 24th Wage Round rate of pay was #7.18
greater than that of the basic grade in the
College, the General Attendant;
(g) prior to their receipt of the special award
their pay was on a par with the College General
Attendant;
(h) a relationship within the education sector was
the most appropriate as there is already a well
established system of relationships for almost
all other grades within the sector;
(i) the establishment of that relationship would
serve to restore the College's pay position by
payment of Lab Aides rate.
(ii) Labour Court Recommendation No. 10669 provides the
ideal framework for the resolution of the dispute in
accordance with the terms of the Union's claim. It
established a separate and distinct agreement within
the Public Service for the largest single group
outside the Conciliation and Arbitration Scheme i.e.
the mostly manual and the lower paid grades. It
provided for a higher percentage wage increase than
that offered under the Conciliation and Arbitration
Scheme. It established one national basic rate for
all Local Authority and Health Board Workers, on the
basis of the principle that only "a fully rationalised
pay structure covering all general workers employed by
Local Authorities and Health Boards" could resolve the
problems of pay in that sector on a national basis.
Finally, it established basic pay parity with Dublin
Corporation, which increased the basic pay rate of all
Local Authority and Health Board workers.
(iii) The Union rejects the choice of a pay relationship
with Grade 4 in the S.H.B. because it is entirely
arbitrary. There is no logical basis for it and none
has been given. The pivotal link in the Public
Service system of pay relationships is the Local
Authority's rate and not the Health Boards'. This
relationship is insufficient to restore the workers'
eroded pay position. The relationship and increase
the Union claimed is the most rational approach to
this issue.
College's arguments:
5. (a) The College's position is that in making a settlement
it must have stated guidelines and as the workers
concerned have traditionally received Public Service
Awards or National Pay Agreement increases, in line
with other college groups, divergence from this policy
must be on the basis of an agreed relationship.
(b) The College believes that the offer of a relationship
with a local Health Board group, whose wage
determination comes within the aegis of the local
Government Staff Negotiations Board and which
represents a number of categories of worker, spanning
a range of activities, is appropriate to the
circumstances and the only reasonable basis on which
the increases applicable to that group could be
applied to the categories of the College's staff for
whom they are being claimed. A relationship with
Grade 4 of the S.H.B. would qualify the workers for
the benefit of not only general but also, any special
increases awarded to the S.H.B. workers in the future.
This would eliminate the disabilities identified by
the Union as resulting from the lack of a pay
relationship.
(c) The Departments of Education and Finance consider that
there are no grounds for establishing a relationship
between the workers concerned and the grade of Class
Aide in the Dublin V.E.C. The grade of Class Aide is
exclusive to the Dublin V.E.C. and does not exist
elsewhere. Similar claims by other workers outside
Dublin have already been rejected by the Labour Court.
(Details provided to the Court).
(d) Even if a relationship with the Class Aide Grade were
to be recommended, the Departments do not consider
that a relationship of parity - which the union
appears to be seeking - would be appropriate. Certain
grades in University College, Dublin, were recently
granted a pay relationship with the Class Aide Grade
but did not receive parity - or any pay increase as a
result of the relationship. What was offered to them
was a relationship for pay purposes which would result
in the workers generally receiving the same increases
in future as the Class Aide. This position is
consistent with the general pattern of pay
relationships existing in the public service, most of
which do not involve parity of pay with the related
grade. The offer to the UCD workers was upheld by the
Labour Court in Recommendation No. 10239.
RECOMMENDATION:
6. The Court having considered the submissions made by the
parties recommends the following 25th round pay increase -
#5 per week with effect from 1st May, 1986
#1.15 per week with effect from 1st December, 1986 and
#6 per week with effect from 16th February, 1987.
The agreement to terminate on 30th June, 1987.
The Court considers that it would be appropriate that the
claimants should have a pay relationship with other workers in the
educational sector. Accordingly the Court recommends that the
appropriate pay relationship is with attendants in the Cork V.E.C.
~
Signed on behalf of the Labour Court
12th November, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman