Labour Court Database __________________________________________________________________________________ File Number: CD87850 Case Number: LCR11621 Section / Act: S67 Parties: MARY IMMACULATE COLLEGE - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of a worker for the restoration of a differential of #10 per week.
Recommendation:
5. The Court, having considered the submissions from both
parties, is satisfied that the College appreciates the manner in
which the claimant performs her duties and the dedication which
she has given over a number of years.
6. The Court, however, can find no justification for recommending
concession of the claim as it is clear that the claimant received
a revised remuneration on the implementation of Labour Court
Recommendation No. 8637.
Division: Ms Owens Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD87850 RECOMMENDATION NO. LCR11621
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MARY IMMACULATE COLLEGE
DEPARTMENT OF EDUCATION
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of a worker for the restoration
of a differential of #10 per week.
BACKGROUND:
2. The worker concerned has been employed by the College since
1977. Her duties were mainly devoted to Reception, Functions and
the Kitchenette area. The worker concerned and two other members
of the Kitchenette/Reception staff enjoyed a #10 differential on a
personal basis. In 1983 the Union brought a claim to the Labour
Court on behalf of the catering and household staff of the College
for a pay increase which would bring their pay into line with the
Joint Labour Committee (J.L.C.) rates for the Catering Industry.
The Labour Court in Recommendation 8637 recommended "that the
rates of pay of the claimants be brought into line with the rates
for comparable workers payable under the terms of the Employment
Regulation Order for the Catering Industry". This Recommendation
was duly implemented by the College. On 15th April, 1986, the
Union lodged a claim on behalf of the three workers for a
restoration of the #10 differential, which they had prior to the
introduction of the Catering Industry J.L.C. rates. As no basis
for settlement could be reached at local level, the issue was
referred on 24th April, 1986, to the conciliation service of the
Labour Court. Following conciliation conferences on 17th June,
1986, and 2nd October, 1986, the Union reserved its position. In
mid-1987, the matter was raised again on behalf of the worker
concerned. On 10th November, 1987, the matter was referred to the
Labour Court for investigation and recommendation. A Court
hearing took place on 8th December, 1987, in Limerick.
UNION'S ARGUMENTS:
3. 1. Prior to the Union's successful claim for the application
of the Catering Industry J.L.C. rates the worker concerned
had a #10 differential over other staff. As a result of the
claim all staff wages were increased to the J.L.C. rates and
the worker concerned received the same rate as other staff,
thereby losing the differential enjoyed for the previous
seven years.
2. The Union maintains that the differential was paid for
the responsibility of her position. It was her duty to
answer the door to the College and arrange for callers to
meet staff and also work in the old student reception. As a
result she was expected to maintain a high standard of
personal presentation.
3. The worker concerned has always shown loyalty to the
College and no complaints have even been made against her
work. As a result of the removal of the differential, she
has lost a considerable sum, on an ongoing basis. The Union
believes that the differential should be restored from the
date of its last payment or that compensation should be paid
for its discontinuation.
COLLEGE'S ARGUMENTS:
4. 1. The College contends that the application of the J.L.C.
rates was applied to all Catering, Reception and Household
staff and was accepted by the Union unconditionally. The
College considers that there is no justification for moving
away from the agreed rates. To do so would break the
relativity agreed and would inevitably lead to a return to
the pre-1983 practice of paying personal rates, which is both
inequitable and undesirable.
2. Given the similarity of the work being performed by the
worker to that of other members of staff, who are on the same
rate of pay, the College is satisfied that a higher level of
pay would not be justified. If it was conceded it is likely
that other staff members would lodge similar claims.
3. The College feels that if the claim is conceded, it would
fall to be dealt with under Clause 3.2 of the Agreement on
Pay in the Public Service, which states -
"Other claims for improvements in pay and conditions of
service may be processed in accordance with normal
procedures and implemented as follows -
(a) 40 per cent of such increases shall be applied with
effect from 1st July, 1989. If, however, the
Government consider that these payments would have
such serious financial and budgetary consequences
as to put at risk the central objectives underlying
the Programme for National Recovery they shall
consult with the ICTU not later than 1st May, 1989,
with a view to arriving at a mutually acceptable
solution which should include provision for
reference to a third party, if necessary;
(b) payment of the balance of the increases shall be
the subject of discussion not earlier than 1st May,
1989, with a view to arriving at a mutually
acceptable solution which should include provision
for reference to a third party, if necessary".
RECOMMENDATION:
5. The Court, having considered the submissions from both
parties, is satisfied that the College appreciates the manner in
which the claimant performs her duties and the dedication which
she has given over a number of years.
6. The Court, however, can find no justification for recommending
concession of the claim as it is clear that the claimant received
a revised remuneration on the implementation of Labour Court
Recommendation No. 8637.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________________
7th January, 1988
B.O'N./P.W. Deputy Chairman