Labour Court Database __________________________________________________________________________________ File Number: CD8841 Case Number: LCR11719 Section / Act: S67 Parties: REHABILITATION INSTITUTE - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of a worker concerning a loss of earnings on regrading.
Recommendation:
6. It is clear to the Court that very particular circumstances
gave rise to the employee in question holding her rate and grade
on transfer back from Swords, and for this reason the Court
recommends that she continue to be paid her present salary on a
personal basis, this salary to be frozen at its present level
until such time as it equates to that of operative/assistant
supervisor or she again obtains a post as unit supervisor.
Division: Mr O'Connell Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD8841 RECOMMENDATION NO. LCR11719
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: REHABILITATION INSTITUTE
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of a worker concerning a loss of
earnings on regrading.
BACKGROUND:
2. The worker concerned commenced employment with the Institute
in 1982, at the Institute's Ballyfermot Centre. In March, 1986,
she applied for and was granted a transfer as unit supervisor to a
new Centre in Swords. However, the Swords enterprise did not get
off the ground and in September, 1986, she was reassigned to the
Ballyfermot Centre. Her precise position in the Centre was not
addressed, owing to particular difficulties at senior management
level, on her return but she retained the unit supervisors rate of
pay. In May, 1987, the Institute, after consideration of her
position, indicated that it no longer required her services as
unit supervisor but was willing to offer her another position as
operative/assistant supervisor at a lesser rate of pay but with
compensation along a pre-agreed formula recently concluded with
the Union. This offer was rejected by the Union who proposed that
she would accept the change of status to operative/assistant
supervisor and would work in a production capacity provided she
retained her salary and grade on a personal basis. This was not
acceptable to the Institute and on 12th August, 1987, the dispute
was referred to the conciliation service of the Labour Court.
3. At conciliation conferences held on 17th December, 1987 and
8th January, 1988, the Union proposed the following settlement
formula - that the worker would accept the change of status; would
accept a reduction in salary from #10,704 to #10,600 per annum;
would be paid all future wage round increases; and that the Union
would give a written undertaking that such a settlement would not
be used as a precedent. The Institute was prepared to explore a
personalised rate approach, suggesting that whatever compromise
personal rate is applied be frozen and not attract national pay
arrangements until the lower rate of operative/assistant
supervisor increases to match the personalised rate. As agreement
could not be reached between the parties the dispute was referred
on 14th January, 1988, to the Labour Court for investigation and
recommendation. A Court hearing took place on 12th February,
1988.
UNION'S ARGUMENTS:
4. 1. The Union believes that in the circumstances of this case
it is not unreasonable that the worker be left on her existing
salary scale and be paid her remaining increments on the due
dates. She should also be paid all future wage round
increases. In return, she will forego her unit supervisory
post and accept an operative/assistant supervisory post, which
involves working in a production capacity.
INSTITUTE'S ARGUMENTS
5. 1. The Institute is now of the view that the exploratory
talks at conciliation were unsuccessful and effectively, all
compromise suggestions are withdrawn.
2. A position of operative/assistant supervisor exists in the
Ballyfermot Centre for the worker concerned and the
compensation formula negotiated with the Union could apply.
Enhanced redundancy payments, which have been agreed
nationally with the Union, are also available.
RECOMMENDATION:
6. It is clear to the Court that very particular circumstances
gave rise to the employee in question holding her rate and grade
on transfer back from Swords, and for this reason the Court
recommends that she continue to be paid her present salary on a
personal basis, this salary to be frozen at its present level
until such time as it equates to that of operative/assistant
supervisor or she again obtains a post as unit supervisor.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
25th February, 1988. Deputy Chairman
B.O'N/J.C.