Labour Court Database __________________________________________________________________________________ File Number: CD87531 Case Number: LCR11469 Section / Act: S20(1) Parties: TELECOM EIREANN - and - POOA |
Claim for equality of pay between telephonists and senior telephonists.
Recommendation:
5. The Court having regard to the fact that the present pay
structure exists by virtue of an agreement between the Company and
the recognised trade union in the Joint Conciliation Council, does
not recommend concession of the claim.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87531 THE LABOUR COURT LCR11469
Section 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11469
Parties: TELECOM EIREANN
and
POST OFFICE OFFICIALS' ASSOCIATION
Subject:
1. Claim for equality of pay between telephonists and senior
telephonists.
Background:
2. At the Joint Conciliation Council of the Transitional Scheme
of Conciliation and Arbitration of the Irish Telecommunications'
Board a productivity agreement was drawn up in May 1987 on the
restructuring of the operator services grades within the Company.
This agreement has been implemented by the Company and involves
the creation of two new grades of telephonist entitled Senior
Telephonist and Senior Night Telephonist with effect from 1st
April, 1987. There are now therefore, two levels in the
telephonist structure with two separate scales of pay, i.e.
Telephonist/Senior Telephonist and Night Telephonist/Senior Night
Telephonist. There are approximately 800 Telephonists, 570 Senior
Telephonists, 363 Night Telephonists and 358 Senior Night
Telephonists currently employed by the Company. The agreement
allows for full interchangeability between Senior Telephonists and
Telephonists. Progression from the grade of Telephonist to that
of Senior Telephonist is based on seniority. The Association
sought equality of pay between the two grades. The Company was
not prepared to enter into discussion on the matter since it does
not recognise the Association. The matter was referred on 26th
June, 1987, to the Labour Court under Section 20(1) of the
Industrial Relations Act 1969. A Court hearing took place on 29th
September, 1987, the earliest date suitable to the parties. Prior
to the hearing the Association agreed to be bound by the Court's
recommendation.
Association's arguments:
3. (i) The Association is seeking equality of pay between
Telephonists and Senior Telephonists on the basis that
the work performed and the hours of duty are the same.
(Job descriptions were supplied to the Court). The
Association contends that there has been no change as a
result of the creation of the new grade.
(ii) The Association considers that the promotion
arrangements are such that there are several hundred
telephonists who will never be admitted to the senior
grade.
(iii) The current situation is giving rise to poor staff
morale since workers observe other workers doing the
same work as themselves while being paid at a higher
rate.
Company's argument:
4. (a) The Post Office Officials' Association is not
recognised as representing any grades within the
Company. The Postal and Telecommunications Workers'
Union (P.T.W.U.) holds rights of recognition for the
grades of Telephonist and Senior Telephonist (Day and
Night). The Company's attendance at the hearing is
without prejudice to its position on the
non-recognition of the P.O.O.A. The Company also
points out the existence of established industrial
relations procedures, principally, the Transitional
Scheme of Conciliation and Arbitration of the Irish
Telecommunications Board.
(b) The Company is satisfied that the agreement whereby the
operator services grades were restructured, which was
balloted on and accepted by the staff concerned, is
non-discriminatory. (Details of the duties of both
grades were supplied to the Court). The agreement
allows for full interchangeability between the two
grades. The agreement can only be altered through the
established negotiation structures.
(c) The number of Senior Telephonist posts in the Company
is due to be renegotiated with the recognised trade
union, the P.T.W.U., in April, 1988.
(d) Progression to the grade of Senior Telephonist is by
way of promotion subject to seniority.
RECOMMENDATION:
5. The Court having regard to the fact that the present pay
structure exists by virtue of an agreement between the Company and
the recognised trade union in the Joint Conciliation Council, does
not recommend concession of the claim.
~
Signed on behalf of the Labour Court
John M Horgan
16th October, 1987 --------------
A.K./U.S. Chairman
APPENDIX A
TELEPHONIST SENIOR TELEPHONIST/SENIOR NIGHT TELEPHONIST
01/07/86 01/07/86
#
123.87 177.86
128.24 183.40
130.03 188.92
139.71 194.50
142.36 200.09
144.99 205.66
147.64 211.22
151.15
154.68
158.20
161.73
167.87
NIGHT TELEPHONIST
01/07/86
#
130.03
139.71
142.36
144.99
147.64
151.15
154.68
158.20
161.73
167.87