Labour Court Database __________________________________________________________________________________ File Number: CD88720 Case Number: LCR12089 Section / Act: S67 Parties: NATIONAL INSTITUTE FOR HIGHER EDUCATION, LIMERICK - and - MANUFACTURING, SCIENCE AND FINANCE |
Claim, on behalf of five laboratory attendants, for pay parity with service staff in Thomond College.
Recommendation:
5. The Court, having considered the submissions made by the
parties, is of the view that, on the basis of the evidence
presented at the hearing, the claim for parity with service staff
in Thomond College has not been established.
The Court notes, however, that the Institute accepts that the
range of duties undertaken by the claimants has increased and
accordingly recommends that if the duties of the claimants have
become significantly more onerous than those of their counterparts
in UCD, then the parties should review the situation with a view
to making any necessary adjustments in pay rates.
Division: Mr Fitzgerald Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD88720 RECOMMENDATION NO. LCR12089
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: NATIONAL INSTITUTE FOR HIGHER EDUCATION, LIMERICK
and
MANUFACTURING, SCIENCE AND FINANCE
SUBJECT:
1. Claim, on behalf of five laboratory attendants, for pay parity
with service staff in Thomond College.
BACKGROUND:
2. In early 1986 the Union sought pay parity for the laboratory
attendants with porter attendants and ground staff in the
Institute. Since 1979 the laboratory attendants have had a pay
relationship with laboratory attendants in UCD. The Labour Court
rejected the Union's claim "having regard to the clearly
established relationship between laboratory attendants in this
case and similar workers in UCD" (Recommendation No. 11315
refers). This recommendation was rejected by the workers and a
number of local level meetings took place. The Union contended
that a number of matters needed to be considered including the
range of duties of the laboratory attendants. The matter was
referred, on 22nd April, 1988, to the conciliation service of the
Labour Court and a conciliation conference was held on 25th May,
1988. The Union's position was that it wished to discontinue the
pay relativity with UCD as it was considered to be inappropriate.
The Union further stated that it considered parity with service
staff in Thomond College, Limerick, to be more appropriate due to
similarities in duties and skills. The current approximate weekly
rates of pay, are #135 to #150 (five points) in the NIHE and #160
to #172 (thirteen points) in Thomond. The Institute was not
prepared to concede the claim and the matter was referred on 21st
September, 1988, to a full hearing of the Labour Court. The Court
hearing was held on 7th October, 1988.
UNION'S ARGUMENTS:
3. 1. The duties carried out by the service staff in Thomond
are similar to those of the NIHE laboratory attendants
(details of duties in each case supplied). The NIHE staff, in
fact, carry out duties over and above those carried out in
Thomond. The NIHE attendants have work practices and
responsibilities that are beyond those of the UCD staff (e.g.
flexible lunch hours, collection of cash, etc.).
3. 2. The volume of work of the NIHE attendants has increased
over the years. Since 1981 the stores stock has doubled. At
that time there were four laboratory attendants and a craft
assistant in the stores. The craft assistant has been
transferred to another department, without being replaced.
The current value of consumables in the stores is in excess of
#130,000 per annum. The claimants are responsible for goods
inwards and outwards and stock control and other such duties.
They have also recently taken on responsibility for opening
and closing classrooms and supervision of machinery. If the
attendants reverted to their original job descriptions a
significant part of their current work would not be carried
out and a number of departments would be inoperable.
3. Because of the generalisation of the work of the
laboratory attendants, it has become similar to the work of
service staff. Because of this, the UCD pay relationship is
no longer relevant for the claimants. Their work has more in
common with that of service staff in Thomond.
4. The five claimants are interchangeable with each other.
5. The Union is seeking to bring the claimants into line
with the commonality of grades between the NIHE and Thomond
and to have the co-operation and flexibility that these
employees have given recognised.
INSTITUTE'S ARGUMENTS:
4. 1. The laboratory attendants at NIHE have a pay
relationship with laboratory attendants at UCD arising from an
assessor's report and Labour Court Recommendation No. 5396 of
October 1979. In 1981 this link was confirmed with the
conclusion of a flexibility agreement for lab attendants at
NIHE similar to that agreed with lab attendants at UCD.
Through their relationship with the UCD workers the claimants
received more favourable pay increases under the 24th and 25th
Rounds than those paid to most employees of the NIHE. They
also stand to benefit from any special increases which the UCD
workers may be granted in the future on foot of a relationship
with Class Aides in the City of Dublin VEC (the UCD workers
did not have a previous relationship).
2. The claimants and the Thomond service staff have
different duties (details supplied), the latter grade having a
higher level of contact with the public. The Institute does
accept however, that the duties undertaken by lab attendants
have increased both in range and in the expertise required to
perform them. It is not accepted that the claimants have any
case for the establishment of a relationship with the Thomond
staff or for the breaking of the existing relationship with
the UCD workers.
4. 3. The Union has pointed to the parity of pay which exists
with Thomond College. However, there is no grade of
Laboratory Attendant in Thomond. The staff there are employed
as service staff with the requirement of total flexibility.
Such a requirement does not exist at NIHE Limerick.
4. Concession of this claim could have repercussive effects
for other grades throughout the third-level education sector.
5. The Minister for Finance has said repeatedly that
spending on public services must be curtailed and he has
announced measures affecting various sections of the
community. He has since reiterated the Government's serious
concern at the cost of the Public Service and the problem of
financing that cost and stated that there should be no further
special increases or improvements in conditions beyond those
already approved and provided for.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, is of the view that, on the basis of the evidence
presented at the hearing, the claim for parity with service staff
in Thomond College has not been established.
The Court notes, however, that the Institute accepts that the
range of duties undertaken by the claimants has increased and
accordingly recommends that if the duties of the claimants have
become significantly more onerous than those of their counterparts
in UCD, then the parties should review the situation with a view
to making any necessary adjustments in pay rates.
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Signed on behalf of the Labour Court
Nicholas Fitzgerald
--------------------
27th October, 1988.
A.K./U.S. Deputy Chairman