Labour Court Database __________________________________________________________________________________ File Number: CD89211 Case Number: LCR12397 Section / Act: S67 Parties: DUBLIN COUNTY COUNCIL - and - LOCAL GOVERNMENT AND PUBLIC SERVICES UNION;FEDERATED WORKERS UNION OF IRELAND;IRISH TRANSPORT AND GENERAL WORKERS UNION;ELECTRICAL ELECTRONIC TELECOMMUNICATIONS |
Claim on behalf of water and drainage inspectors for parity of pay with assistant inspectors in Dublin Corporation.
Recommendation:
5. Having considered the submissions made by the parties and
noting the contents of Labour Court Recommendation No. 5886 which
was based on an independent assessor's report on the jobs
concerned, the Court does not find grounds for recommending
concession of the Unions' claim.
Division: Mr Fitzgerald Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD89211 RECOMMENDATION NO. LCR12397
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN COUNTY COUNCIL
and
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
FEDERATED WORKERS UNION OF IRELAND
IRISH TRANSPORT AND GENERAL WORKERS UNION
ELECTRICAL ELECTRONIC TELECOMMUNICATIONS
AND PLUMBING UNION
SUBJECT:
1. Claim on behalf of water and drainage inspectors for parity of
pay with assistant inspectors in Dublin Corporation.
BACKGROUND:
2. The issue of the rate of pay of the workers concerned has been
under discussion for a number of years. In 1979 the Court
investigated two claims on the matter - restructuring of the water
and sewerage inspector grade and the introduction of an emergency
on-call allowance. L.C.R No. 5886 (see appendix A) and a
subsequent clarification in October, 1980 refer. The result of
this was that the water and drainage inspectors were to be paid
95% of the salary rate paid to assistant inspectors in Dublin
Corporation and that the emergency service was to be operated on
the basis of an additional #5.50 per week to all inspectors plus a
call-out payment of #10.13 per week for the weeks on which an
inspector is on call together with the appropriate overtime
payment. A salary scale in line with L.C.R. No. 5886 was
introduced by the Council and currently ranges from #185.41 to
#247.46 per week. The scale for assistant inspector in Dublin
Corporation currently ranges on a weekly basis from #194.96 to
#260.27 per week. Between 1980 and 1986 the parties agreed on the
details of implementing an emergency service but to date it has
not been introduced. On 15th October, 1987 the current claim was
referred to the Conciliation Service of the Labour Court.
Conciliation conferences were held on 1st March, 1988 and 14th
February, 1989, but no agreement was reached. On the 13th March,
1989 the matter was referred to the Labour Court for investigation
and recommendation. The Court investigated the dispute on 1st
May, 1989.
UNIONS' ARGUMENTS:
3. 1. In the case of L.C.R. No. 5886 an assessor examined the
work of the inspectors and on the basis of this the Court
recommended a salary rate of 95% of that paid to assistant
inspectors in the Corporation. Neither party had access to
the assessor's report but the general consensus on the Unions'
side was and is that the 95% was recommended by the assessor
because the additional 5% was hived off into a payment for
commitment to the emergency service, which service has not
been introduced. The inspectors should be paid the proper
rate for the job which is the rate for the assistant inspector
in Dublin Corporation.
2. The work and level of responsibility of the water and
drainage inspector is similar to that of the assistant
inspector in Dublin Corporation and the time has come to pay
the inspector the proper rate for the job.
COUNCIL'S ARGUMENTS:
4. 1. L.C.R. No. 5886 which established the remuneration of the
grade of water and drainage inspector at 95% of the rate for
assistant inspector in Dublin Corporation, stated quite
clearly that this relationship should be maintained unless
there is a major change in the duties and responsibilities of
either post. There have been no changes in the duties or
responsibilities of the grade which would justify the payment
of a special pay increase.
2. In 1985 Dublin Corporation re-graded its assistant
inspectors to the national grade IV with effect from 1st
October, 1983. Resulting from this special pay increase the
Council in turn increased the wages scale for the inspectors
to maintain the 95% pay relationship. This resulted in the
workers concerned receiving a special pay increase above the
general pay increases granted to other workers in the Council.
The Council is in serious financial difficulties resulting
from the reduction in State funding and is not in a position
to pay any special increases over and above increases provided
for in the public service pay agreement.
RECOMMENDATION:
5. Having considered the submissions made by the parties and
noting the contents of Labour Court Recommendation No. 5886 which
was based on an independent assessor's report on the jobs
concerned, the Court does not find grounds for recommending
concession of the Unions' claim.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_______________________
__18th___May, 1989. Deputy Chairman
U.M./J.C.
APPENDIX A
RECOMMENDATION PARAGRAPH OF L.C.R. NO. 5886
Claim (a) - restructuring of water and sewerage inspectors:
17. At the the Court's request the Irish Productivity Centre have
examined the work of the claimants and the work being carried
out in the water and sewage department of Dublin Corporation.
The object of this exercise was to discover if there was a
grade of worker in Dublin Corporation whose duties and
responsibilities are sufficiently similar to warrant the
claimants receiving the same rate of pay. On the basis of the
Assessors' report the Court is satisfied that there is no such
grade in Dublin Corporation. The nearest job for purposes of
comparison is the post of assistant inspector in the
Corporation. On the basis of the Assessor's report the Court
is satisfied that the job of inspector in the County Council
merits 95% of the salary rate paid to assistant inspectors in
the Corporation exclusive of any emergency service allowance.
The Court so recommends in accordance with Clause 4.1 of the
National Agreement and this rate should be effective from 24th
May, 1979. This relationship should be maintained unless
there is a major change in the duties and responsibilities of
either post.
18. The Court notes that the parties have agreed allowances for on
call and recommends that these be paid in addition to the
salary levels, recommended.
19. The Court records that the Assessor has advised the Court as
follows:-
"The grade of senior inspector is not relevant in the
normal structure of the waterworks and drainage section
of Dublin Council.
A position ranking in importance just below the grade of
supervisor and above that of senior inspector may be
needed in future to fulfill special tasks (such as the
monitoring of water pollution) which do not involve the
supervision of more than one person, and where the
reporting line is direct to either the chief assistant
county engineer or a nominated assistant county engineer.
Consideration should be given by the County Council to
the creation of a special inspector grade to meet this
need if it develops its range of services on a functional
basis in future.
If the water and drainage sections of the Council are to
be properly supervised then the appointment of one extra
supervisor in drainage and three extra supervisors in
water is required under the present structure."
20. The Court recommends that the Council gives due consideration
to these views.
Claim (b) - an emergency on-call service
21. The Court recommends that the County Council offer a call-out
payment of #10.13 per week for the weeks on which these
employees are on-call together with the offer of 2 hours
minimum overtime when inspectors are necessarily working away
from home during the call-out period. The Council should also
offer to pay the telephone rental of those required to be
on-call and re-imburse the cost of official calls made from
home. The Court recommends that this offer which is in line
with that paid to inspectors in Dublin Corporation be
accepted.