Labour Court Database __________________________________________________________________________________ File Number: CD88169 Case Number: LCR12156 Section / Act: S67 Parties: NEW DUBLIN GAS - and - ELECTRICAL TRADES UNION |
Claim by the Union on behalf of 3 electrical technicians and 1 chargehand electrical technician for the receipt of the industrial/commercial service engineers wage rate.
Recommendation:
5. Having considered the submissions made by the parties, having
visited and seen their current work process and heard descriptions
of work previously done by electricans, the Court has arrived at
the following conclusions.
In the first place it seems quite clear that as a consequence of
the agreement to cover the introduction of natural gas, and the
Conversion Programme of 1983, the Company envisaged the
establishment of a new craft grade of technicians as clearly
evidenced by documents submitted by the Union. However it would
seem that as a result of the Job Classification exercise in 1985,
the idea appears to have been abandoned by the Company.
The Electricians made a claim based on external relativities with
other technicians in 1984.
The Company rejected the claim and suggested instead an internal
comparison based on the job classification exercise. The
electricians agreed to await the outcome, but the exercise in
effect gave rise to the Company's decision not to establish a
technician grade.
It would appear however that several other craft workers were in
fact prematurely appointed to a higher grade (in cases where the
range and responsibility of their work was greatly extended), and
as a result still carry the grade. But it is the view of the
Court that this fact, of itself, does not warrant concession of
the Union's claim.
In the second place, as regards changes in the electricians work,
there is no doubt that major changes were brought about as a
result of the change to natural gas. From being mainly concerned
with gas production, the electricians here concerned are now
involved in the maintenance and installation of electric and
electronic equipment used to monitor and measure the distribution
of gas throughout the system. This change has entailed additional
training, changes in work practices, and working patterns, but the
Court accepts the Company's contention that similar changes have
been required of other similar categories of staff. These changes
therefore, do not of themselves warrant a change of grade, as
claimed by the electricians.
For these reasons therefore, the Court does not recommend
concession of the Union's claim.
Division: Mr O'Connell Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88169 RECOMMENDATION NO. LCR12156
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: NEW DUBLIN GAS
and
ELECTRICAL TRADES UNION
SUBJECT:
1. Claim by the Union on behalf of 3 electrical technicians and 1
chargehand electrical technician for the receipt of the
industrial/commercial service engineers wage rate.
BACKGROUND:
2. In 1984, as a result of changes within the Company, 4
electricians were selected following a competition for positions
as electrical technicians. They were trained in the new
technology then being introduced in the Company with the
changeover to natural gas. The Union maintains that the
technicians were given new job description and were given to
understand by the Company that they would be upgraded. However,
this never happened. In September, 1984, the Union lodged a claim
for upgrading, based on comparisons with electrical technicians in
similar industries, such as the E.S.B. and Bord Gais Eireann. The
Company rejected the claim, suggesting that internal comparisons
were more appropriate and that any discussions on comparability
should take place in the context of a job classification exercise
underway at the time. The job classification was finalised in
October, 1985, and the electrical technicians were classified with
other craft workers within the Company. In November, 1985, an
independent analysis of the electrical technicians' job content
was carried out. The analysis concluded that the technicians were
entitled to an increase in payment. The Company rejected the
conclusions, maintaining that the organisation which carried out
the analysis had exceeded its brief, and had made recommendations
in regard to the gradings, without being aware of the existing
structures within the Company. On 27th March, 1986, the dispute
was referred to the conciliation service of the Labour Court. A
number of conciliation conferences took place, the last of which
was on 14th January, 1988, however, no agreement was reached and
the matter was referred to the Labour Court on 25th February,
1988, for investigation and recommendation. A Court hearing took
place on 14th April, 1988. Subsequent to the hearing the Court
visited the site on 27th October, 1988.
UNION'S ARGUMENTS:
3. 1. The current rate of pay of the technicians concerned is
the old electricians' rate even though they were given a
verbal commitment in 1984, that the technician grade would
receive a higher rate than that of the craft rate.
3. 2. Technicians in comparable industries enjoy higher rates of
pay, commensurate with their higher responsibilities over
other craft categories. The 4 technicians have undergone
extensive further training to equip themselves for their new
positions. They are constantly up-grading their knowledge of
electronics and other technical areas.
3. An independent analysis commissioned by the Company
concluded technicians were entitled to an increase in payment,
however, no action has been taken in this regard. The Company
also indicated by letter in September, 1985, that the matter
would be considered under the in Company job classification
exercise. This exercise has been completed but no
consideration was given to the regrading of the technicians
during the exercise.
4. The position of technician exists within another section
in the Company, i.e. the Gas Fitting Section. In this section
the technicians carry the chargehand rate. The gas fitting
technicians have been paid the chargehand rate since 1984 and
continue to be paid this rate. In natural justice and by
precedent, craft categories with similar responsibilities and
designation should be paid at the same rate.
5. The Union is claiming the up-grading of the 3 technician
to the rate of chargehand (craft) in parity with the gas
fitting technicians, and the re-grading of the chargehand
technician to the normal inspector/supervisor grade in the
Company, which is grade 4 staff officer. The Union is also
claiming full retrospection back to the time the technicians
were appointed, i.e. July, 1984.
COMPANY'S ARGUMENTS:
4. 1. On taking up their posts, the technicians clearly
understood that training would be required to enable them to
perform to a satisfactory level. The Company never accepted
that this training would merit a re-grading for those
involved. Such training is an ongoing feature in the Company
as evidenced by the recent opening of a new technical training
school in Dublin. The work for which training was given, was
not additional to existing duties but rather a replacement for
certain duties.
2. Legislation enabling the purchase of the assets of the
Company by Bord Gais Eireann requires the Company to be
profitable and to separately and transparently show its
accounts. At this point in time it is not, and is unlikely,
to be profitable for some years to come. There is no money
available to meet cost-increasing claims.
4. 3. It needs to be borne in mind that since the original claim
was lodged by the Union side that the entire position has
radically changed for all employees of the Company. Voluntary
redundancies have been effected and a major renegotiation of
work practices has been put into effect throughout the
Company. These measures have resulted in major changes,
including financial losses, to virtually every other category
including craftsmen in the Company. No other section or
category of employees in the Company has been compensated for
changes in work practices.
4. Currently in the craft category i.e. craftsmen and their
chargehands, there are 116 staff. Any concession to a section
within that category will result in a chain reaction of
claimed parity by all 112 others within the category. The
service engineers, with whom parity is claimed, enjoy the rank
and pay of chargehand. This was also arrived at in the Job
Classification Agreement, which was accepted by the Union, and
the same risk of repercussive claims exists. This cannot be
allowed to occur.
5. The terms of the Plan for National Recovery would prevent
concession of the claim, even if the Company agreed the claim
had merit, which it does not.
RECOMMENDATION:
5. Having considered the submissions made by the parties, having
visited and seen their current work process and heard descriptions
of work previously done by electricans, the Court has arrived at
the following conclusions.
In the first place it seems quite clear that as a consequence of
the agreement to cover the introduction of natural gas, and the
Conversion Programme of 1983, the Company envisaged the
establishment of a new craft grade of technicians as clearly
evidenced by documents submitted by the Union. However it would
seem that as a result of the Job Classification exercise in 1985,
the idea appears to have been abandoned by the Company.
The Electricians made a claim based on external relativities with
other technicians in 1984.
The Company rejected the claim and suggested instead an internal
comparison based on the job classification exercise. The
electricians agreed to await the outcome, but the exercise in
effect gave rise to the Company's decision not to establish a
technician grade.
It would appear however that several other craft workers were in
fact prematurely appointed to a higher grade (in cases where the
range and responsibility of their work was greatly extended), and
as a result still carry the grade. But it is the view of the
Court that this fact, of itself, does not warrant concession of
the Union's claim.
In the second place, as regards changes in the electricians work,
there is no doubt that major changes were brought about as a
result of the change to natural gas. From being mainly concerned
with gas production, the electricians here concerned are now
involved in the maintenance and installation of electric and
electronic equipment used to monitor and measure the distribution
of gas throughout the system. This change has entailed additional
training, changes in work practices, and working patterns, but the
Court accepts the Company's contention that similar changes have
been required of other similar categories of staff. These changes
therefore, do not of themselves warrant a change of grade, as
claimed by the electricians.
For these reasons therefore, the Court does not recommend
concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
6th December, 1988 Deputy Chairman.
B.O'N./J.C.