Labour Court Database __________________________________________________________________________________ File Number: CD88777 Case Number: LCR12166 Section / Act: S67 Parties: WEXFORD COUNTY COUNCIL - and - NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION |
Claim by the Union on behalf of 1 assistant foreman for the payment of grade 1 (foreman/supervisor) rate.
Recommendation:
5. The Court, having considered the submissions from both
parties, and taking into account the reorganisation of
supervisor's duties, recommends concession of the Union's claim.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88777 RECOMMENDATION NO. LCR12166
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WEXFORD COUNTY COUNCIL
AND
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
SUBJECT:
1. Claim by the Union on behalf of 1 assistant foreman for the
payment of grade 1 (foreman/supervisor) rate.
BACKGROUND:
2. The worker concerned is employed supervising some 10 craft
workers. He is paid the grade 2 rate, which is designated
assistant foreman/foreman. The Union is claiming the payment of
the grade 1 (foreman/supervisor) rate, on the grounds that he does
not have a foreman supervising him so it is illogical to pay him
the grade 2 rate and because he is carrying out the duties of two
supervisory positions. The Council rejected the claim on the
basis that he is on the correct rate and that under a 1978
productivity agreement, grade 2 is a supervisory grade for craft
workers. As agreement could not be achieved at local level, the
dispute was referred to the conciliation service of the Labour
Court on 22nd April, 1987. No agreement was reached at a
conciliation conference held on 18th June, 1988, and the matter
was referred to the Labour Court for investigation and
recommendation on 18th October, 1988. A Court hearing took place
on 22nd November, 1988, in Wexford.
UNION'S ARGUMENTS:
3. 1. The worker's duties include ordering all plant and
machinery parts, dealing with all phone calls during the early
morning and late evening, and acting as supervisor during
periods when the supervisor is absent. His staff and material
costs amount to between #250,000 and #300,000 per annum.
4. 2. There are other workers carrying out the duties of
foreman, with less responsibility than the worker here
concerned and receive #237.36 at the top of their scale.
(Details supplied to the Court). The worker concerned only
receives #223.16 at the top of his scale.
3. The worker concerned has acted as workshop foreman and
because of changes is carrying out the duties of two
supervisory positions (details supplied to the Court). In
light of all the circumstances the Union does not feel the
claim is unreasonable.
COUNCIL'S ARGUMENTS:
4. 1. The Council employs only one craftsman foreman who
together with the chargehand appointed to assist him
supervises a large number of staff. The sanitary services
budget for the area under his supervision totals #.5 Million.
The area supervisors in Enniscorthy, Gorey, and New Ross are
all paid as assistant foremen.
2. The worker concerned is based in the Council's machinery
yard in Enniscorthy and receives the maximum of the assistant
foreman's rate of pay - #223.16 per week. The expenditure on
men and materials for which he was directly responsible for in
1978, amounted to #250,000.
3. The 28 machinery operative and related grades are
supervised by a supervisory overseer. Both the overseer and
the worker concerned work under the supervision of the
Council's technical services supervisor.
4. The volume of work generated by the staff under the
supervision of the worker concerned, does not warrant the
payment of a craftsman foreman's rate of pay.
RECOMMENDATION:
5. The Court, having considered the submissions from both
parties, and taking into account the reorganisation of
supervisor's duties, recommends concession of the Union's claim.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___14th___December,__1988. ___________________
B. O'N. / M. F. Deputy Chairman