Labour Court Database __________________________________________________________________________________ File Number: CD88441 Case Number: LCR11972 Section / Act: S67 Parties: ROADSTONE LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 9 clerical workers concerning: (a) Breach of Procedural Agreement, (b) Retention of the stores job in Huntstown, (c) Retention of some clerical work in the Wages and Public Bodies areas.
Recommendation:
3. The Court has considered the various issues referred to it and
has visited the work places involved. On the particular issues
before it, the Court recommends as follows:
(a) Breach of Procedural Agreement
Apart from the issue dealt with in Recommendation 11869,
having regard to the present downturn in the Company's
business it is probably impossible to specify what
normal working conditions should apply and in the
absence of any specific instance of intimidation the
Court does not consider the agreement breached if
management do not replace such workers with staff of a
similar grade when such workers leave voluntarily.
(b) Huntstown
Having examined the stores in question, the Court does
not consider that any clerical assistance is warranted
in this location given the present level of activity of
the plant.
(c) Wages
Having examined and discussed the work done in wages the
Court is satisfied that retention of the clerical worker
in the area is not warranted at the present time.
(d) Public Bodies
In this area the Court found it difficult to ascertain
the level of contribution of the clerical worker to the
work of the group concerned much of which does indeed
seems to have been absorbed by the higher grade staff.
In this issue, as indeed in others, the Court found the
distinction between the clerical and executive grades of
staff to be very blurred. It's existence for whatever
reason does appear to result in a major and fundamental
source of grievance to the clerical grade staff insofar
as they see the impact of redundancies falling more
severely on them than on the higher grades. In the
normal course of events redundancy does tend to hit
varous grades and classes of workers with differing
severity but nothing the Court has heard supports the
view that clerical grades are being singled out for
harsher treatment.
As long as the blurred distinction between grades exists
it will be difficult for the parties to arrive at
conclusive agreements on redundancy in particular cases
but the Court recommends that in the event of further
redundancies occurring that the longest notice possible
be given to allow for an analysis of the work content of
the jobs affected.
In relation to the current issue in Public Bodies the
Court recommends that such an analysis be carried out
immediately in this area. In the event of agreement not
being reached within 6 weeks of the of issue of this
part of the Recommendation the Court will be prepared to
issue a specific recommendation on the issue without
further formality.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88441 RECOMMENDATION NO. LCR11972
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROADSTONE LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 9 clerical workers concerning:
(a) Breach of Procedural Agreement,
(b) Retention of the stores job in Huntstown,
(c) Retention of some clerical work in the Wages and Public
Bodies areas.
BACKGROUND:
2. With reference to the Court's investigation into the above
matters on 1st July, 1988, and it's subsequent visit to the areas
concerned, the following is the Court's recommendation.
RECOMMENDATION:
3. The Court has considered the various issues referred to it and
has visited the work places involved. On the particular issues
before it, the Court recommends as follows:
(a) Breach of Procedural Agreement
Apart from the issue dealt with in Recommendation 11869,
having regard to the present downturn in the Company's
business it is probably impossible to specify what
normal working conditions should apply and in the
absence of any specific instance of intimidation the
Court does not consider the agreement breached if
management do not replace such workers with staff of a
similar grade when such workers leave voluntarily.
(b) Huntstown
Having examined the stores in question, the Court does
not consider that any clerical assistance is warranted
in this location given the present level of activity of
the plant.
(c) Wages
Having examined and discussed the work done in wages the
Court is satisfied that retention of the clerical worker
in the area is not warranted at the present time.
(d) Public Bodies
In this area the Court found it difficult to ascertain
the level of contribution of the clerical worker to the
work of the group concerned much of which does indeed
seems to have been absorbed by the higher grade staff.
In this issue, as indeed in others, the Court found the
distinction between the clerical and executive grades of
staff to be very blurred. It's existence for whatever
reason does appear to result in a major and fundamental
source of grievance to the clerical grade staff insofar
as they see the impact of redundancies falling more
severely on them than on the higher grades. In the
normal course of events redundancy does tend to hit
varous grades and classes of workers with differing
severity but nothing the Court has heard supports the
view that clerical grades are being singled out for
harsher treatment.
As long as the blurred distinction between grades exists
it will be difficult for the parties to arrive at
conclusive agreements on redundancy in particular cases
but the Court recommends that in the event of further
redundancies occurring that the longest notice possible
be given to allow for an analysis of the work content of
the jobs affected.
In relation to the current issue in Public Bodies the
Court recommends that such an analysis be carried out
immediately in this area. In the event of agreement not
being reached within 6 weeks of the of issue of this
part of the Recommendation the Court will be prepared to
issue a specific recommendation on the issue without
further formality.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
28th July, 1988. Deputy Chairman
B.O'N./J.C.