Labour Court Database __________________________________________________________________________________ File Number: CD89798 Case Number: LCR12666 Section / Act: S67 Parties: BROOKS THOMAS LIMITED - and - MARINE PORT AND GENERAL WORKERS' UNION |
Claim on behalf of one operative for extra payment for stress grading timber.
Recommendation:
6. Having considered the submissions made, the Court recommends
that the worker qualified as a stress grader should be paid a lump
sum of #600 in respect of this work for a period from the date of
qualification and pending changes in requirements of the trade.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89798 RECOMMENDATION NO. LCR12666
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BROOKS THOMAS LIMITED
and
MARINE PORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of one operative for extra payment for stress
grading timber.
BACKGROUND:
2. In 1988, Eolas decided that from April, 1989, all load-bearing
timbers used in the construction of housing under the Six Year
Guarantee Scheme must be graded to a certain standard and the
grading of this timber must be identifiable by the application of
a rubber stamp by the person who graded the timber. To qualify as
a stress grader, a person is obliged to attend a two week
residential course organised by Eolas. At the end of this course
an examination is set and on successful completion of the
examination the person is given his/her own personally numbered
stamp. This entitles him/her to stress grade.
3. The Company sent a supervisor and a general operative (the
claimant) on this course and both successfully completed it. The
Union subsequently lodged a claim on his behalf for #20 per week
extra on the basis of his new skills and responsibilities. The
claimant is currently in receipt of #185.76 per week compared to
the basic general operative rate of #177.73. The difference of
#8.03 per week is in respect of his role as a tanalith operator
which involves the treatment of timber with a wood preservative.
Management is of the view that the tanalith operator's rate is the
correct one for new duties but it was prepared to pay a once-off
lump sum of #200 to the claimant. This was rejected by the Union
which insisted that any payment made should be on an on-going
basis. As local level discussions failed to resolve the dispute,
the matter was referred to the conciliation service of the Labour
Court on the 12th September, 1989. A conciliation conference on
the 25th October (earlier date not suitable to parties) failed to
resolve the issue and the matter was referred to the Labour Court
for investigation and recommendation. A Court hearing was held on
the 16th November, 1989.
UNION'S ARGUMENTS:
4. 1. The worker concerned now carries out two distinct jobs for
the Company (tanalith and stress grading) and a #20 per week
increase would just be adequate compensation for his new
skills and responsibilities.
2. The Company is passing on to its customers a charge per
cubic metre for the stress grading operation viz. #20 per
cubic metre for special structural and #17.00 per cubic metre
for general structural. Some of this extra income should be
passed on to the claimant.
3. An example of the claimant's added responsibilities is
shown by a recent incident on a Dublin site. An architect
disagreed with the stress grading on a batch of timber and the
claimant had to visit the site and check the timber in
question. Although it later transpired that the timber in
question was not his, it does demonstrate the personalised
responsibility in this area.
COMPANY'S ARGUMENTS:
5. 1. There is no justification in the payment of any extra
money on the rate for this qualification. It is a service
which the Company is compelled to provide.
2. The level of responsibility involved is on a par with that
involved in the treatment of timber (tanalith operation).
However, while no rate increase is justified, an employee who
commits himself/herself to taking on such a course and
successfully completes it should get recognition by way of a
once-off lump sum payment.
3. The Company's competitors employ stress graders and any
rate increase would put the Company seriously out of line with
them and make it more uncompetitive. In addition any
adjustment to the rate would upset the pay structure in the
Company and very likely in its sister companies (details
supplied to the Court).
RECOMMENDATION:
6. Having considered the submissions made, the Court recommends
that the worker qualified as a stress grader should be paid a lump
sum of #600 in respect of this work for a period from the date of
qualification and pending changes in requirements of the trade.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
6th December, 1989. Deputy Chairman
D.H./J.C.