Labour Court Database __________________________________________________________________________________ File Number: CD88375 Case Number: LCR11942 Section / Act: S67 Parties: UNIVERSITY COLLEGE DUBLIN - and - FEDERATED WORKERS UNION OF IRELAND |
Claim for the restoration of the hourly rates of pay for approximately thirty five tutors and senior tutors.
Recommendation:
5. The Court having considered the submissions from the parties
is of the view that the reduction of the rates of pay for tutors
in U.C.D. is contrary to the terms of the Agreement on Pay in the
Public Service.
The Court accordingly recommends concession of the Union's claim.
Division: Ms Owens Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88375 RECOMMENDATION NO. LCR11942
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: UNIVERSITY COLLEGE DUBLIN
AND
FEDERATED WORKERS UNION OF IRELAND
SUBJECT:
1. Claim for the restoration of the hourly rates of pay for
approximately thirty five tutors and senior tutors.
BACKGROUND:
2. Because of a cutback in the grant from the Higher Education
Authority economy measures had to be introduced, and these
included changes in the hourly rates of pay for tutors and
demonstrators. In September, 1987 the College informed the tutors
that on the renewal of contracts in November, 1987 rates for
senior tutors would be reduced from £13.65 to £10.36 and tutors
from £10.96 to £8.24. Management maintained that the only other
alternative was to reduce the number of tutors or hours tutoring.
The Union maintained that the change had been made without
consultation and insisted that the rates of pay be restored
retrospectively. The Union also considered that its members had
been singled out because they were relatively unprotected in that
they had only recently joined the Union and not all the tutors
were members. As no agreement was reached in discussions at local
level the dispute was referred to the Conciliation Service of the
Labour Court on the 21st January, 1988. A Conciliation Conference
took place on the 14th March, 1988 but no agreement was reached.
The matter was referred to the Labour Court for investigation and
recommendation on the 19th May, 1988. A Court hearing took place
on the 13th June, 1988.
UNION'S ARGUMENTS:
3. 1. U.C.D. Management is in breach of the terms of "The
Programme for National Recovery" and "Agreement on Pay in the
Public Service" Clauses 9.1 and 9.2 of the Public Service
Agreement provide for pay increases to be made to part-time
and casual employees. There is no provision in that Agreement
for arbitrarily imposed pay reductions. The pay reductions
being sought from tutors are inequitable as similar cuts are
not being sought from any other group of staff within the
College.
3. 2. The choice apparently being given to tutors to choose
between reducing numbers and reducing rates of pay is
misleading, given that tutorial hours have also been reduced
dramatically in the present year (details already supplied to
the Court). This again is inequitable because while job
losses are occurring in other areas of the College these are
not being accompanied by large pay reductions for those staff
remaining. The reductions being sought by management would
have the effect of reducing the tutors rates below that which
apply in other comparable 3rd level institutions (details
already supplied to the Court).
3. All third level institutions have been given broadly the
same instruction from the Department of Education in respect
of staff reductions and savings on pay. None (other than
U.C.D.) have sought to make savings by reducing existing pay
rates.
COLLEGE'S ARGUMENTS:
4. 1. The College's objective in making changes was to preserve,
so far as possible, the tutorial and demonstration service
provided for students. It hoped to minimise any reduction in
the number of tutorial hours and in the number of tutors
employed which might result from the reduction in finances
allocated for the service. If the hourly rates of payment had
been left unchanged, a reduction in the number of tutorial
hours provided for students inevitably would have resulted.
2. At a conciliation conference the Union claimed to
represent thirty five tutors enrolled as it members. That
figure represents approximately ten per cent of the total
number of tutors engaged by the College in the current session
as the following table shows.
SESSION 1987/1988
Approx. gross
Approx. number earnings 1.10.1987 - 31.5.1988
Senior Tutors 185 £103,000
Tutors 150 £ 46,000
Demonstrators 310 £270,000
It appears, therefore, that a very small minority of the total
number of tutors are dissatisfied and that the vast majority
have accepted the fact that they cannot be immune to cutbacks
when virtually all parts of the College are affected.
4. 3. The table also shows the gross earnings of each group for
the first eight months of the session. If the Union claim
were conceded and extended to all tutors and senior tutors the
total cost of tutoring would be increased by approximately
25%. That would mean an increase in tutorial expenses of
between £35,000 and £40,000. In addition a substantial amount
of administrative staff time would be consumed in the
recalculation of each individual's payments during the
session. The College regards with apprehension even the
remote possibility that such expense might have to be incurred
at a time when economies and increased efficiency are being
sought throughout all its departments.
RECOMMENDATION:
5. The Court having considered the submissions from the parties
is of the view that the reduction of the rates of pay for tutors
in U.C.D. is contrary to the terms of the Agreement on Pay in the
Public Service.
The Court accordingly recommends concession of the Union's claim.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
11th July, 1988.
T. O'D. / M. F. Deputy Chairman.