Labour Court Database __________________________________________________________________________________ File Number: CD89394 Case Number: LCR12496 Section / Act: S67 Parties: WARNER LAMBERT IRELAND LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim for an increase in the pay of a first line manager.
Recommendation:
5. The Court having considered the submissions of the parties
recommends that the issue in dispute be resolved by the payment of
#500 lump sum and this should be accepted by both parties as a
resolution of the matter.
Division: MrMcGrath Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89394 RECOMMENDATION NO. LCR12496
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WARNER LAMBERT IRELAND LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim for an increase in the pay of a first line manager.
BACKGROUND:
2. The Company is engaged in the manufacture of chewing gum base
and bulk pharmaceuticals at two plants in Dun Laoghaire. In 1987
the Company and the Union commenced negotiations on improved
scales of pay for production supervisors eventually leading to the
creation of a new grade of first line manager to which most of the
existing supervisors would be assigned and to which a new scale of
pay would be applied. The negotiations were protracted and actual
agreement on a new scale etc. was not reached until September,
1988 and implemented in February, 1989. The worker concerned was
employed previously in quality control and in October, 1988 was
appointed to a supervisory position. Other supervisors were
promoted to first line management positions and the formula used
to calculate their new salaries was broadly as follows:-
1. transfer to the next highest monetary point on new
scale.
2. plus one increment for loss of 35 hours' overtime.
3. plus two increments for loss of overtime at weekly
meeting.
4. plus three increments for extra responsibility.
The approximate value of the assimilation was #3,000.
The worker concerned did not benefit from the same assimilation
formula in that he did not receive the increments for loss of
overtime at weekly meetings. The Union claims that the worker was
unfairly treated and should receive the same payments as the other
workers who were promoted to first line manager positions from
supervisor positions. Management rejects the claim and contends
that the workers assimilation was based on established precedent.
Local discussions failed to resolve the issue and the dispute was
referred to the conciliation service of the Labour Court early in
May, 1989. A conciliation conference, held on the 5th May, 1989,
failed to resolve the issue and the matter was referred to the
Labour Court for investigation and recommendation on the 25th May,
1989. A Court hearing was held on the 13th July, 1989.
UNION'S ARGUMENTS:
3. 1. When the other supervisors were assimilated in September,
1988 the formula used was based on transfer to the next
monetary point on the new scale plus 6 increments
(approximately #3,000). In the case of the worker concerned
the Company's offer amounted to #1,800. The Union feels that
the Company's attitude is unfair to the worker and claims that
he should be treated in the same manner as his colleagues.
2. The Union concedes that the worker concerned was in a
supervisory position for a much shorter period than his
colleagues, but he established very clear benefits from his
supervisory position. The implications for him in terms of
loss of weekly meeting, concession of the first 35 hours of
overtime free, the additional responsibility that he assumed
as a first line manager are identical with these of his
colleagues.
3. The Union requests the Court to recommend that the worker
concerned should be assimilated onto the first line managers'
scale by the same formula which applied to other supervisors.
COMPANY'S ARGUMENTS:
4. 1. The settlement reached between the Company and the Union
in respect of the introduction of the first line manager role
involved the creation of a new scale of pay and the
assimilation of the individuals concerned from their previous
scale (Scale 4) to the new structure. The worker concerned
transferred from the position of quality control process
inspector (Scale 3) to that of production supervisor (Scale 4)
and his salary was adjusted as per normal assimilation. His
salary was further increased to point 2 of the first line
manager scale when negotiations were finalised. The worker
has in fact benefited from circumstances. The fact that
negotiations were delayed and that he was promoted to
supervisor in October, 1988 has resulted in his being placed
one increment higher on the first line manager scale than if
he had been promoted directly from the quality assurance role.
4. 2. The assimilation of the existing supervisors was the
subject of negotiations between the Company and Union. Final
assimilation took cognisance of additional responsibilities
and potential losses. This included 35 hours overtime for all
and in the case of some workers compensation of two additional
increments for loss of payment associated with weekly
supervisory meetings. These meetings have been held for
approximately twelve years and the individuals concerned have
been in receipt of payment for that period. However the
worker concerned in this claim has only attended meetings
since October, 1988 and he was aware that payment would cease
when the first line manager role was introduced. The Company
does not believe that compensation in these circumstances is
warranted.
RECOMMENDATION:
5. The Court having considered the submissions of the parties
recommends that the issue in dispute be resolved by the payment of
#500 lump sum and this should be accepted by both parties as a
resolution of the matter.
~
Signed on behalf of the Labour Court,
Tom McGrath
____8th___August,___1989. ___________________
T. O'D. / M. F. Deputy Chairman