Labour Court Database __________________________________________________________________________________ File Number: CD88523 Case Number: LCR12130 Section / Act: S67 Parties: DUBLIN PORT & DOCKS BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of a worker for re-grading from general operative to blacksmiths mate and a corresponding increase in basic pay.
Recommendation:
7. The Court, having considered the submissions made does not
consider that the payment of an allowance or the re-introduction
of a differential to the blacksmith's helper is warranted. The
Court therefore does not recommend concession of the Union's
claim.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD88523 RECOMMENDATION NO. LCR12130
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN PORT & DOCKS BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of a worker for re-grading from general
operative to blacksmiths mate and a corresponding increase in
basic pay.
BACKGROUND:
2. The worker concerned who is a general operative has been
employed as a blacksmiths helper in the engineering department of
the Board for the past 8 years. His duties are generally to
assist the blacksmith in moulding and fashioning metal to the
required shape which of necessity requires the use of a hammer.
3. The rate of pay for a general worker starts at £167.90 per
week and rises by eight increments to £181.46. The worker
concerned is on the maximum point of the scale which is equivalent
to 84.6% of the maximum of the craftsmans scale.
4. In April, 1988 the Union claimed that the worker should be
rated differently than other general operatives who are assigned
to help craftsmen. The Union based the claim on the extra skills
which the worker had acquired over the years. The Board rejected
the claim and the matter was referred to the conciliation service
of the Labour Court on 25th April, 1988. A conciliation
conference was held on 1st July, 1988. As no agreement was
possible both parties consented to a referral to the Labour Court
for investigation and recommendation. A Court hearing was
arranged for 16th September, 1987. This hearing was adjourned to
allow further negotiations to take place. However, no progress
could be made and a resumed hearing was held on 7th November,
1987.
UNION'S ARGUMENTS:
5. 1. The position held by the worker is, in the Union's view, a
semi-skilled position. As part of his duties he must have
knowledge of over 1,000 tools. He would normally use a
hydraulic hammer to pound steel which requires a skill of
handling which would not be easily picked up by any other
general worker.
2. The Board has pointed out that the position of 'helper'
was eliminated in the Productivity Agreement of 1975 when the
one position of general worker was established. However,
other positions did not lose their rate, such as storeman and
driver. Prior to the Productivity Agreement a claim was
already with the Board for a rate for the blacksmith's mate
but this appears to have been shelved at the time, although
the person in the position at the time was given to understand
that it could be addressed at a further date.
3. The Board will acknowledge that there is a certain skill
involved in this particular position. On occasions the
blacksmith has refused to work with men not trained to do the
work because of safety, etc.
4. We should also point out that the worker has applied for
three other positions within the Board - as a storeman and for
two craneman positions - and was not successful. The Union
contend that perhaps the reason he was not successful was that
the Board did not wish to move him from the blacksmith's shop
because of the obvious disruption this would cause.
BOARD'S ARGUMENTS:
6. 1. The worker's position is no different from that of any
other of the Board's general workers who are assigned to help
craftsmen. There is no rated position in the Board's service
as a craftsman helper and all those assigned to assist
craftsmen are rated general workers. This has been the
position since 1975 and the current rates of pay for general
workers includes compensation for any extra skills required.
2. Historically a grade of craftman's helper did exist which
carried a differential over the grade of general worker. This
grade was abolished in 1975 following the conclusion of a
productivity flexibility agreement which established a new
rate of pay for general workers. The agreement provided that
allowance, helpers differential and service pay be
consolidated into the scale. This scale applied to the
blacksmith's helper. There has been no change in duty or
responsibility since then which would merit the
re-introduction of any allowance or differential.
3. The worker has argued that he has been denied certain
promotional posts because the Board would have difficulty in
replacing him in that particular job. The Board denies the
inference that he has been denied promotion on that basis.
The Board is satisfied that any general worker given some
training, could competently perform the duties currently
assigned to the worker here concerned.
4. In other organisations employing greater numbers of
blacksmiths a differential is not paid to general workers
assigned to them (details supplied to the Court). General
operatives are paid the same rate regardless to what trade
they are assigned to.
RECOMMENDATION:
7. The Court, having considered the submissions made does not
consider that the payment of an allowance or the re-introduction
of a differential to the blacksmith's helper is warranted. The
Court therefore does not recommend concession of the Union's
claim.
~
Signed on behalf of the Labour Court
John O'Connell
____________________________
18th November, 1988 Deputy Chairman.
M.D./J.C.