Labour Court Database __________________________________________________________________________________ File Number: CD87938 Case Number: LCR11672 Section / Act: S67 Parties: A.C.O.T. - and - LOCAL GOVERNMENT AND PUBLIC SERVICES UNION |
Claim for the re-grading of clerical and administrative staff at regional offices and in colleges within A.C.O.T.
Recommendation:
10. Having considered the submissions made by the parties, the
Court is of the view that there is merit in the claim for the
establishment of a grading appeals mechanism.
However, it would seem more appropriate that such a mechanism
should be developed and agreed when the new Authority is in place.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87938 RECOMMENDATION NO. LCR11672
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: A.C.O.T.
and
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
SUBJECT:
1. Claim for the re-grading of clerical and administrative staff
at regional offices and in colleges within A.C.O.T.
BACKGROUND:
2. In February, 1987, the Union lodged a claim for re-grading and
revised staffing levels on behalf of 24 workers in the clerical
administrative grades employed at A.C.O.T. colleges and regional
offices. The grades involved are clerk typist grade II, clerical
officer grade III and staff officer grade V.
3. The A.C.O.T. Staff Schemes set out the terms and conditions of
employment of clerical and administrative grades employed in
A.C.O.T. (Details of the agreed job specifications for grades II,
III and V supplied to the Court as well as the regional office and
college structure).
4. Discussions took place at local level and it was agreed that
an examination of the grading structure be carried out by the
personnel section of the Department of Agriculture and Food, in a
sample of regional offices and colleges.
5. A copy of the Department's report was sent to the Union who
replied that the contents of the report were inadequate.
6. The matter of staffing levels is the subject of on-going
discussions between the Union and A.C.O.T.
7. The issue regarding re-grading was referred to the
conciliation service of the Labour Court on 22nd September, 1987.
A conciliation conference was held on 27th November, 1987. As no
agreement was possible both parties agreed to a referral to the
Labour Court for investigation and recommendation. A Court
hearing was held on 22nd January, 1988.
UNION'S ARGUMENTS:
8. 1. It is possible to supply the Court with a detailed job
description for each post for which an up-grading is claimed,
and this can be done, should the Court itself wish to
adjudicate on each case. Submitted are two examples which
set out the duties discharged by the clerical officer
attached to Kildalton College, and the South West Regional
Office, Fermoy. It is clear that the duties in question are
not appropriate to Grade III, but instead to Grade V. Also
submitted are the duties undertaken by the clerk typist in
Ballyhaise College Office, Cavan. It is clear from this
description that the duties stated are more appropriate to
Grade III.
2. A strong case exists for the up-grading of the posts in
question.
3. The clerical officer posts in two of the regions are
already at grade V level.
4. Perhaps the most acceptable method of dealing with the
claim might be to deal with it in the same manner as
recommended in Labour Court Recommendation LCR 11231 on
re-grading in the I.I.R.S. i.e. the Court assign a
Chairperson to an Appeals Committee comprised of
representatives of Management and the Union.
A.C.O.T.'S ARGUMENTS:
9. 1. ACOT is currently in a critical financial position. The
pay bill for ACOT Staff in 1988 will be approximately #18m
and the total budgetary allocation for advice and training is
likely to be in the region of #18m. This means, in effect,
that as of now ACOT will barely have enough resources to meet
staff pay costs in 1988. In these circumstances, any
cost-increasing claim, without at least equivalent economies
in other areas, cannot be contemplated. Concession of the
claim would have wider implications within ACOT's overall
clerical structure.
2. The Government has decided that ACOT and An Foras
Taluntais are to be amalgamated into a single new Authority
with responsibility for the provision of agricultural
training, advice and research. A Bill for the establishment
of the new Authority is likely to be taken through its Second
Stage in the Oireachtas in early February. ACOT considers it
inappropriate to be dealing with a claim pertaining to
current structures/professional services and the related
clerical/administrative support which these require,given the
imminent introduction of a new Authority in which different
structures and clerical/administrative support services may
be needed. Clearly, a claim involving staffing/grading
levels could only be objectively considered in the context of
the new Authority.
3. To date approximately 10% of ACOT's clerical/
administrative staff have opted to accept voluntary
retirement. As a consequence of this, and a similar
percentage reduction in the number of professional staff,
important re-organisation/staffing decisions will have to be
taken in order to achieve the optimum methods of delivery of
ACOT services to the farming community. It would, therefore,
be premature to consider a claim of this kind prior to the
implementation of any essential operational changes arising
from the voluntary retirement scheme.
4. ACOT does not accept that the duties and responsibilities
of the claimants merit higher gradings than those which
apply at present.
RECOMMENDATION:
10. Having considered the submissions made by the parties, the
Court is of the view that there is merit in the claim for the
establishment of a grading appeals mechanism.
However, it would seem more appropriate that such a mechanism
should be developed and agreed when the new Authority is in place.
~
Signed on behalf of the Labour Court
1st February, 1987 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman