Labour Court Database __________________________________________________________________________________ File Number: CD87609 Case Number: LCR11542 Section / Act: S67 Parties: CENTRAL BANK - and - ITGWU |
Claim on behalf of approximately thirty five cleaning workers for pay parity with cleaning staff in the Associated Banks in the context of the 26th wage round.
Recommendation:
5. Having considered the submissions made by the parties and
having regard to previous recommendations on the matter at issue
it is the view of the Court that the approach by the Bank to the
question of ending the existing relativity in this case requires
greater flexibility than the Bank has shown so far particularly in
the case of this group of workers where the relativity is so well
and unconditionally established. The Court is further of the
opinion that relativity with the Cleaning Industry J.L.C. rates is
not appropriate in this case. Given that external relativities
with other industrial workers already exists for a large group of
the Banks employees the Court considers that there is sufficient
scope for the Bank to negotiate terms for ending this group's
relativity with the Associated Banks and establish a mutually
agreed criterion for future wage adjustments. The Court
recommends that the parties commence negotiations on this basis
without further delay.
Division: Mr O'Connell Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD87609 THE LABOUR COURT LCR11542
CC87788 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11542
Parties: CENTRAL BANK OF IRELAND
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim on behalf of approximately thirty five cleaning workers
for pay parity with cleaning staff in the Associated Banks in the
context of the 26th wage round.
Background:
2. At a local level meeting held on 6th May, 1987 the Union
served a claim on the Bank in respect of the 26th wage round for
an increase in pay in line with the increase awarded to cleaning
staff in the Associated Banks, i.e. total increase in pay of just
over 10%. The Union claimed that parity with the Associated Banks
on annual leave, service pay and basic pay had been established in
four previous Labour Court Recommendations (Labour Court
Recommendation No's. 4788, 6601, 8714 and 10655, refer). The
claim was rejected by the Bank as being unacceptable when
inflation was less than 3% and the Bank's position was that any
increases in the 26th wage round would have to be negotiated in
line with increases in the public sector. As no agreement could
be reached the matter was referred on 12th May, 1987 to the
conciliation service of the Labour Court. A conciliation
conference was held on 22nd June, 1987 at which no agreement could
be reached and on 22nd July, 1987 the matter was referred to the
Labour Court for investigation and recommendation. The Court
investigated the dispute on 31st August, 1987.
Union's arguments:
3. (i) Parity on pay with the Associated Banks was established
in 1978 at a Labour Court conciliation conference and
this has been a tradition since and accepted by the
Bank. In particular, the Labour Court in
Recommendation No's. 8714 of 29th February, 1984 and
10655 of 29th August, 1986 recommended parity of pay
with the Associated Banks.
(ii) Parity with the Associated Banks was also recommended
in relation to annual leave and service pay in Labour
Court Recommendation No's. 4788 and 6601.
(iii) In the circumstances, the Banks argument that on-going
parity with the Associated Banks has never been agreed
is totally invalid, as is the argument that pay
increases must be in line with the public sector.
Bank's arguments:
4. (a) No formal on-going agreement exists between the Bank
and the Union to provide for parity in pay with
equivalent workers in the Associated Banks. Increases
in the latter in the 23rd to 25th wage rounds (details
supplied to the Court) were significantly higher than
the increases for most workers in this Bank.
(b) The Bank is part of the public sector and as such must
take account of Government guidelines. In a previous
Labour Court Recommendation (L.C.R. No. 10327 of 7th
March, 1986) relating to clerical and administrative
workers the Court recommended that the Bank as a public
sector organisation should negotiate levels of pay and
increases on the basis of those negotiated in the
public sector generally. In addition, in the last ten
years the Bank's cleaning staff have received a
cumulative increase 47% greater than the clerical and
administrative workers in the same period.
(c) The rates of pay of the workers are significantly
better than those in other public sector organisations
(details supplied to the Court) and the cleaning
industry generally. The rates of pay granted under the
26th wage round by the Contract Cleaning (City and
County of Dublin) Joint Labour Committee are less than
those being claimed by the Union (details supplied to
the Court).
(d) The cost of awarding the increase claimed is much more
severe for this Bank than for the Associated Banks.
The hours worked by cleaners in the other banks are
generally less and the differential applicable to
supervisory grades in this Bank is higher than that
paid in the Associated Banks (details supplied to the
Court).
(e) The level of increase awarded to cleaning staff in the
Associated Banks would be inappropriate in a public
sector organisation and parity of pay between the Banks
and a private sector organisation is not justified.
RECOMMENDATION:
5. Having considered the submissions made by the parties and
having regard to previous recommendations on the matter at issue
it is the view of the Court that the approach by the Bank to the
question of ending the existing relativity in this case requires
greater flexibility than the Bank has shown so far particularly in
the case of this group of workers where the relativity is so well
and unconditionally established. The Court is further of the
opinion that relativity with the Cleaning Industry J.L.C. rates is
not appropriate in this case. Given that external relativities
with other industrial workers already exists for a large group of
the Banks employees the Court considers that there is sufficient
scope for the Bank to negotiate terms for ending this group's
relativity with the Associated Banks and establish a mutually
agreed criterion for future wage adjustments. The Court
recommends that the parties commence negotiations on this basis
without further delay.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
Deputy Chairman
20th November, 1987.
U.M./J.C.