Labour Court Database __________________________________________________________________________________ File Number: CD89406 Case Number: LCR12565 Section / Act: S67 Parties: TULLAMORE AND DISTRICT YOUTH ENTERPRISE LIMITED - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim by the Union that the pay and conditions of workers in Community Training Workshops be aligned with those in F.A.S.
Recommendation:
The Court has considered the submissions from both parties
and noted that F.A.S. did not wish to attend a hearing or make
any submission on the matter in dispute. The Court also notes
the provisions of the contract between F.A.S. and the Management
Committee of the Workshop.On the basis of the submissions made
the Court is satisfied that there is merit in the Unions claim
and accordingly recommends that:-
(a) Salaries of the claimants be brought in line with
comparable F.A.S. Grades with effect from the termination
date of the Programme for National Recovery and implemented
in accordance with the agreed terms for special claims
under that programme.
(b) The claim for increased annual leave be conceded from the
commencement of the next annual leave year.
(c) Negotiations on sick leave and pension schemes commence
immediately.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89406 RECOMMENDATION NO. LCR12565
INDUSTRIAL RELATION ACTS, 1946 TO 1976
SECTION 67
PARTIES: TULLAMORE AND DISTRICT YOUTH ENTERPRISE LIMITED
OPERATING AS TULLAMORE COMMUNITY WORKSHOP
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim by the Union that the pay and conditions of workers in
Community Training Workshops be aligned with those in F.A.S.
BACKGROUND:
2. The Union submitted the following claims to the Management
Committees of each of the Community Training Workshops
(C.T.W.'s) throughout Ireland on behalf of the workshop
trainers, managers and clerical/administration staff, for pay
and conditions in line with equivalent grades in F.A.S. The
Union is claiming:-
Salary
(a) Trainers: The F.A.S. Training Advisor/Instructor scale
grade 9 and Grade 10 (including automatic progression
between grades 10 and 9 as in F.A.S.). These scales are
currently, grade 10; #9449 - #15,141 - 16 points, grade 9;
#10,583 - #16,651 - 16 points.
(b) Managers: The F.A.S. Section Head Scale grade 8
currently #11,716 - #18,160 - 16 points plus an additional
amount in order to establish an appropriate differential
between Managers and Trainers.
(c) Clerical/Admin. Staff: The F.A.S. grades 11 and 14 as
appropriate. Currently grade 14 is #126.21 to #184.88 -11
points, and grade 11, #6771 to #12,110 - 15 points.
Annual Leave
(a) Trainers: Annual leave in line with F.A.S., grades 10
and 9, Grade 10: 20 - 22 days after 3 years' service, grade
9; 21 to 23 days after 3 years on the grade.
(b) Managers: Annual leave in line with F.A.S. grade 8,
i.e. 26 days.
(c) Clerical/Admin: Annual leave in line with F.A.S.,
grades 11 and 14, i.e. 18-19 days after 3 years on the
grade.
Sick Pay
The introduction of a formal sick pay scheme in line with
F.A.S. (details supplied to the Court).
Pensions:
The introduction of a funded pension scheme (details
supplied to the Court).
The Union claims that staff in the C.T.W.'s perform broadly the
same range of work as their counterparts in F.A.S. and have
extra responsibilities, and special skills which are not
adequately compensated for in their terms and conditions of
employment.While staff in the C.T.W.'s are employed by each
separate management committee pay and conditions are determined
by F.A.S.The Authority exercises almost total control over the
setting up funding, and running of the workshops. Over a number
of years the Union has made a number of attempts to establish
direct negotiations on pay and conditions with F.A.S. These
claims have always been rejected by Authority. The Authority's
position is that workshops are set up by local communities and
are funded on the basis of a contract with F.A.S.. F.A.S. cannot
be liable for any costs incurred by the management committees
outside the terms of the contract. They state that they are not
the employer and that the pay and conditions of staff in the
C.T.W.'s is a matter for the local management committees who in
turn state that they have no power to negotiate on these matters
as they have no control over the pay and conditions of their
staff. In 1988 the Union wrote to each C.T.W. management
committee (details supplied to the Court) making the claims as
outlined. In February, 1989,the Union met with the management
of Tullamore C.T.W. regarding its claim. This claim is intended
by the Union as a test case the outcome of which will affect all
other C.T.W.'s in Ireland. While expressing sympathy with the
Union's claim Management rejected it on the basis that pay and
conditions are determined by F.A.S. Local discussions failed to
resolve the issue which was referred to the conciliation service
of the Labour Court on the 16th March,1989. A conciliation
conference was held on the 30th May, 1989 but no agreement was
reached. The dispute was referred to the Labour Court for
investigation and recommendation on the 7th June,1989. A Court
hearing was held in Athlone on the 25th July, 1989. Management
of F.A.S. were not represented at the hearing.Subsequent to the
hearing the Court issued an invitation to F.A.S.to attend a
further hearing and argue its case verbally or submit its
written comments on the dispute. The Authority declined to
attend or forward written submissions.
UNION'S ARGUMENTS:
3. Salary
1. Trainers and managers are employed by C.T.W.'s to
develope the skills and knowledge of trainees, to assist in
their personal development, and in acquiring industrial
type employment. Many trainees are early school leavers,
come from socially deprived backgrounds and need a wide
range of instruction. Over the years the jobs of trainers
and managers have expanded to include literacy, numeracy,
life and social skills which entails substantial extra work
effort and computer literacy.
2. In comparison with the jobs of instruction and section
heads in F.A.S. trainers and managers in the C.T.W.'s
compare favourably and at least on equal terms, and their
work is performed in a much more difficult environment.
Clerical jobs in F.A.S. and the C.T.W.'s are also broadly
similar.
3. The nature of their work places great stress on C.T.W.
staff who must be flexible and adaptable in dealing with a
wide range of different circumstances which may apply to
trainees. This requires staff to undergo constant
re-training and development.
4. In some cases e.g. in the "Tosach" C.T.W. in Dublin a
community based group took over what was previously an AnCO
(now F.A.S.) workshop in 1981 and has continued since then
to run it successfully. The AnCO staff were unable to
cope with the problems associated with a community based
workshop in Dublin's inner city and in fact sought extra
payments to compensate for these additional difficulties.
Notwithstanding this fact, staff in this C.T.W. are now
paid substantially less than their F.A.S. counterparts.
Annual Leave
5. Staff in the C.T.W.'s should enjoy the same holidays as
their F.A.S. counterparts, given the broad similarity of
their jobs. F.A.S. management acknowledges and expect a
high rate of "turnout" from C.T.W. staff due to the
pressures associated with the job. The provision of extra
annual leave would reduce this problem to the mutual
advantage of all concerned. Sick Pay.
6. Staff in C.T.W.'s are entitled to the benefit of a
properly structured sick pay scheme in line with other good
employments. The Union feels that a scheme in line with
F.A.S. is most appropriate in this case.
Pensions.
7. Occupational pension schemes are now an established
feature of most good employments. The scheme proposed by
the Union is broadly in line with the F.A.S.scheme.
MANAGEMENT'S ARGUMENTS:
4. 1.The Committee sympathises with the claims made by the
Union and recognises the similarity between the work
performed by the claimants and relevant grades in F.A.S..
Management recognises that the young people in the projects
are a particularly needy group who place extra demands on
staff e.g. in terms of the range of staff skills needed and
the individual attention which must be given.
2. The Committee however must reject the claims made by
the Union because the terms and conditions under which it
employs staff are determined by F.A.S. and the finances to
meet these terms and conditions are allocated by F.A.S.
The workshop is operated by virtue of a contract drawn up
by F.A.S. and management of the workshop is again governed
by a code of practice compiled by F.A.S. which outlines the
terms and conditions of employment which the Committee is
obliged to offer staff.
3. Staff costs which arise as a result of such employments
by the Management Committee are submitted to F.A.S.
annually as part of the budget. F.A.S. allocate the monies
to meet these costs. Increases are paid to staff in line
with public sector pay increases. When such increases fall
due negotiation and extra finance comes from F.A.S.
RECOMMENDATION:
5. The Court has considered the submissions from both parties
and noted that F.A.S. did not wish to attend a hearing or make
any submission on the matter in dispute. The Court also notes
the provisions of the contract between F.A.S. and the Management
Committee of the Workshop.On the basis of the submissions made
the Court is satisfied that there is merit in the Unions claim
and accordingly recommends that:-
(a) Salaries of the claimants be brought in line with
comparable F.A.S. Grades with effect from the termination
date of the Programme for National Recovery and implemented
in accordance with the agreed terms for special claims
under that programme.
(b) The claim for increased annual leave be conceded from the
commencement of the next annual leave year.
(c) Negotiations on sick leave and pension schemes commence
immediately.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________
20th September, 1989 Deputy Chairman.
T.O'D./J.C.