Labour Court Database __________________________________________________________________________________ File Number: CD89687 Case Number: LCR12661 Section / Act: S67 Parties: IRISH FERRIES - and - FEDERATED WORKERS UNION OF IRELAND |
Claim by the Union to have the Company's decision to add 7 additional points to the bottom of the clerical recruitment salary scale rescinded.
Recommendation:
5. The Court is not satisfied that the negotiating process had
been exhausted before the hearing of this case. In these
circumstances, the Court recommends that the parties resume
negotiations, with the assistance of an Industrial Relations
Officer if necessary, on the detail of a recruitment scale which
both parties agree is now appropriate to the operation of the
Company.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD89687 RECOMMENDATION NO. LCR12661
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH FERRIES
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
FEDERATED WORKERS UNION OF IRELAND
SUBJECT:
1. Claim by the Union to have the Company's decision to add 7
additional points to the bottom of the clerical recruitment salary
scale rescinded.
BACKGROUND:
2. Prior to February, 1989 there were three clerical grades in
the Company. These were typist, recruitment, and promotional
grades each containing 16 incremental points. Following local
discussions between the parties and as part of the settlement of a
previous claim concerning the regrading of staff at Dublin and
Rosslare, the typist grade was eliminated. The Company, however,
altered the existing 16 point recruitment salary scale by adding 7
increments to the bottom of the grade. This made a 23 point
salary scale ranging from #5,091 to #12,141. The Company claims
that this action was necessary to take into account the
elimination of the lower grade. The Union rejected the Company's
action stating that it was introduced unilaterally and that the
Company's decision was in breach of the agreed salary scales
negotiated between the parties. (Details supplied to the Court).
The Union offered to participate in a joint review of the salary
scale structure provided that the new scale is withdrawn.
Management rejected this offer. Local discussions failed to
resolve the issue and the matter was referred to the conciliation
service of the Labour Court on the 15th May, 1989. A conciliation
conference was held on the 28th July, 1989 but no agreement was
reached. The dispute was referred to the Labour Court for
investigation and recommendation on the 28th September, 1989. A
Court hearing was held on the 17th November, 1989.
UNION'S ARGUMENTS:
3. 1. Salary scales have traditionally been negotiated between
the Company and the Union. This therefore, constitutes an
agreement between the parties. The unilateral imposition of 7
incremental points below the bottom point of the clerical
recruitment scale by Management constitutes a breach of the
agreement. The question of a review of the salary scales in
the Company was first raised by the Union in January, 1987.
At that time Management conceded that the salary scales
appeared to be low and stated that they would look at them.
The Company also agreed that salaries in competitor companies
were better.
2. The competitor companies quoted by Management in order to
justify their actions, i.e. Sealink, B. & I. and Aer Lingus,
all have salary scales and grading structures better than the
Company. This situation was true even pre the imposed 7
additional points. The Union's offer to conduct a joint
review of salaries, having regard to competitors and taking
account of the particular position of the Company is
reasonable in the circumstances.
COMPANY'S ARGUMENTS:
4. 1. The old three scale salary structure did not reflect the
current position in terms of job functions and therefore had
to be adjusted. The obvious choice was to eliminate the
typists grade and adjust the recruitment grade. This
benefited five members of staff. The Union has continuously
refused to negotiate on the issue and left the Company with no
option but to decide to adjust the salary scale. The
adjustment to the recruitment scale in no way impinges on any
Union member or any worker within the Company.
2. The recruitment scale is now more competitive and reflects
the jobs being carried out. The bottom point of the scale is
worth approximately #100 p.w. and would apply to a school
leaver with no experience. Recruits with experience would be
assimilated on to the scale at a higher point. While the
Company has not at this point in time got recruitment plans
the new scale is more conducive to employment. This is
especially the case for inexperienced people who find it
difficult to gain access to employment.