Labour Court Database __________________________________________________________________________________ File Number: CD90339 Case Number: LCR12996 Section / Act: S67 Parties: TEAGASC - and - UNION OF PROFESSIONAL AND TECHNICAL CIVIL SERVANTS |
Claim by the Union to have one Higher Technical Officer (H.T.O.) upgraded to a Senior Technical Officer (S.T.O.).
Recommendation:
5. On the basis of the information supplied to the Court as to
the duties now being carried out by the claimant the Court
recommends that Teagasc agree to regrade him to S.T.O. with effect
from 1st August, 1990.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD90339 RECOMMENDATION NO. LCR12996
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: TEAGASC
AND
UNION OF PROFESSIONAL AND TECHNICAL CIVIL SERVANTS
SUBJECT:
1. Claim by the Union to have one Higher Technical Officer
(H.T.O.) upgraded to a Senior Technical Officer (S.T.O.).
BACKGROUND:
2. The worker concerned is employed as a H.T.O. in Kildalton
College, Co. Kilkenny. In 1986, a staff scheme for technical
grades was agreed between the Union and ACOT (now Teagasc). Three
grades were created i.e. Technical Officer T.O., H.T.O. and
S.T.O. Following a job evaluation which was conducted by the
I.P.C. staff were appointed to the appropriate grades and the
worker concerned was appointed as a H.T.O. In October 1989, the
Union sought to have the worker upgraded to S.T.O. It claimed
that, since the death of a teacher, who was attached to Kildalton
College, the worker's role and responsibilities have increased
considerably, as the teacher was replaced by a Horticultural
Advisor who only spends three days per week teaching at the
College. The claim was rejected by Teagasc and was referred to
the Conciliation Service of the Labour Court on 3rd April, 1990.
It was the subject of a conciliation conference on 23rd April
1990. Agreement was not reached. Following the conciliation
conference, the Union submitted further details on the extra
duties and responsibilities being undertaken by the worker.
Management in Teagasc examined the additional information and made
a recommendation to the Department of Agriculture and Food. They
were not prepared to disclose details of their recommendation.
The Union served notice of a one day strike at the College, to
take place on its open day, on 20th June, 1990. Following further
discussions, both parties agreed on 18th June 1990, to a full
Labour Court hearing. The Court investigated the dispute on 28th
June, 1990.
UNION'S ARGUMENTS:
3. 1. Duties which are appropriate to the S.T.O. grade and which
are now being undertaken by the worker concerned with the
dispute are described as follows:-
(A) "To undertake such management duties as may be required
in relation to College, economic test or demonstration
farms or such special facilities or units as Teagasc may
arrange for the fulfilment of its training and advisory
functions."
The worker now manages the glasshouse enterprises
including the programming of the crop planting
programme. (This work was exclusively undertaken by the
teacher in 1986).
(B) "To supervise such staff as may be assigned."
The worker supervises farm staff in the glasshouse
enterprise.
(C) "To advise on and take such responsibilities and
initiatives as may be required for achieving
pre-determined objectives and/or targets in the relevant
work area."
The worker is responsible for output and financial
targets in the enterprise. In conjunction with the
teacher he has introduced new crops into the enterprise.
(D) "To assist as required in the presentation of information
on his/her work area."
The worker presents this information to his students,
Teagasc colleagues, industry and the public, through
tours and open days.
(E) "To develop new skills and practices applicable to the
introduction of new technology on systems."
The worker is currently introducing a steaming process
into the glasshouses thereby avoiding environmentally
harmful processes.
(F) "To advise and assist in the organisation, preparation
and layout of exhibits/demonstrations."
The worker undertakes this work as required.
(G) "To check and verify stock in an assigned work area, as
part of the annual stock-taking exercise or at other
times as defined by management."
The worker is responsible for ordering and purchasing
for the enterprise. (This work was undertaken by the
teacher in 1986).
(H) "To carry out the following duties in relation to the
marketing of produce.
1. To quantify the market demand for the markets
designated by the College Management;
2. Negotiate prices within the framework laid down by
College Management;
3. Record and verify sales of produce;
4. To organise the distribution of produce in his/her
own enterprise and to co-ordinate with the
distribution of other produce;
5. Provision of training for students in marketing
skills;
6. Provision of market information."
The worker is responsible for marketing, negotiating
prices, sales and distribution of enterprise produce.
The Union notes that Management in Teagasc no longer reject
the merits of the claim. It contends that the claim is well
founded and that it should be conceded.
2. The claim for upgrading is not covered by clauses 3.3. or
3.4. of the P.N.R. Other upgradings have taken place in
Teagasc and have not been affected.
COMPANY'S ARGUMENTS:
4. 1. The additional information on the extra duties and
responsibilities, in support of the Union's claim, has been
conveyed with a recommendation to the Department of
Agriculture and Food. Further consultations are currently
taking place and Teagasc will endeavour to finalise them as
quickly as possible. The Court is asked to recommend that
consultations be pursued with the objective of a response
being made to the Union at an early date.
RECOMMENDATION:
5. On the basis of the information supplied to the Court as to
the duties now being carried out by the claimant the Court
recommends that Teagasc agree to regrade him to S.T.O. with effect
from 1st August, 1990.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___29th___August,___1990. ___________________
A. McG. / M. F. Deputy Chairman