Labour Court Database __________________________________________________________________________________ File Number: CD90653 Case Number: LCR13118 Section / Act: S67 Parties: UNIVERSITY COLLEGE CORK - and - A WORKER |
Dispute concerning the salary and grading of a worker.
Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that there are not sufficient grounds on which to
base a recommendation in favour of the claimant.
The Court accordingly does not recommend concession of the claim.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD90653 RECOMMENDATION NO. LCR13118
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: UNIVERSITY COLLEGE CORK
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
A WORKER
SUBJECT:
1. Dispute concerning the salary and grading of a worker.
BACKGROUND:
2. The worker concerned is employed as a departmental operative
in the Department of Food Science. There are twenty eight other
departmental operatives in the College, throughout the various
academic departments. Workers in this grade are generally
recruited from general attendant grade, as it is seen as a
promotional outlet. The rate of pay of departmental operatives is
determined by a set differential over the rate of pay of general
attendants. Due to fluctuations in this differential over the
years a mediator investigated the matter in 1984 and recommended
that the differential be established at 14% and that this rate
should not exceed 95% of the top of the craftsmen's scale. The
rates of pay w.e.f. 1st October, 1990 are:-
General Attendant 1st Year - #167.15 p.w.
General Attendant Merit - #172.25 p.w.
Departmental Operative - #196.37 p.w.
The worker concerned claims that both general attendants and
general operatives are unskilled groups but that workers in these
groups are earning more than him even though he is in a
semi-skilled job. The former due to the fact that they are also
paid shift allowances and week-end allowances. The rate of pay of
general operatives currently ranges from #160.00 to #170.86 per
week. There is also a personal rate for general operatives who
were in employment in June 1981, which is 90% of the
craftsperson's rate. The worker also claims that his duties are
more involved than other workers in his grade and is seeking an
adjustment in his grade/rate of pay. This claim was rejected by
the College on the basis that the rate of pay of the grade is
determined by reference to internal relationships and within that
there is also an external relationship with Cork VEC, etc.
Agreement could not be reached at local level and the matter was
referred to the conciliation service of the Labour Court. A
conciliation conference took place on the 22nd June 1989 at which
no progress was made. The matter was subsequently referred to the
Labour Court for investigation and recommendation. The Court
investigated the dispute on 14th November, 1990.
WORKER'S ARGUMENTS:
3. 1. The grade of departmental operative was set up as a
promotional outlet and is regarded as a semi-skilled grade.
In return for performing semi-skilled work a differential of
20% over unskilled grades, i.e. general attendants and general
operatives was set, however, this differential is now only
14%. The situation now is that the unskilled general
attendants, taking into account shift allowance and week-end
allowances, earn more than this worker. Also, the shift
allowance is now taken into account for pension purposes and
therefore this worker will also have a smaller pension than
general attendants. In addition, in 1981 general operatives
who are also an unskilled group, were given a personal rate
consisting of 90% of the top craft rate and general operatives
also have a guaranteed 4 hours overtime every week. The
result of this is that even general operatives on the lower
grade receive the same or more pay than the worker concerned
here.
2. This worker's job is in fact more in line with the
administration grades and the title of faculty assistant on a
par with grade 2B and with all the related conditions would be
suitable. This worker's job is different to other
departmental operatives in that he works in an academic
faculty which has seven departments. The area which the
worker operates in is extremely busy and the worker's duties
are onerous and responsible (details supplied to the Court).
It is the worker's understanding that the general attendants
have made a productivity claim for using new technology, which
if conceded would put their rates of pay even further ahead of
this worker. In the future the College will find it very hard
to fill vacancies in this semi-skilled grade if the situation
continues. The situation where unskilled workers are earning
more than a worker in a semi-skilled grade must be rectified.
COLLEGE'S ARGUMENTS:
4. 1. The rate of pay of departmental operatives is determined
by an agreed differential over the rate of pay of a general
attendant. Due to varying fluctuations between the rates of
pay of the two grades a mediator investigated the matter in
1984 and recommended a differential of 14% which still applies
(details supplied to the Court). More recently the rate of
pay was also linked externally to the attendant grade in Cork
VEC arising out of LCR No. 11523 of 12th November, 1987
(details supplied to the Court). It is unreasonable to expect
the College to adjust a rate of pay of a worker in a grade
where the rate of pay has been determined by reference to an
internal relationship and within that agreed relationship has,
in broader terms, a pay relationship with a wider external
group.
4. 2. The College cannot accept as valid a claim made on
comparisons of duties and/or skills or rates of pay between
two categories of staff whose pay is determined at national
level under separate and distinct procedures and structures.
The rate of pay for a general operative is determined at
national level and the College's operatives are remunerated in
accordance with the general operative rate applicable in Cork
Corporation. A personal rate exists for general operatives
who were employed in the College in June, 1981, of 90% of the
craftsperson's rate. However, general operatives who were not
employed in June, 1981 do not qualify for the 90% rate
(details supplied to the Court). In all the circumstances,
the worker's claim should be rejected.
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
is of the view that there are not sufficient grounds on which to
base a recommendation in favour of the claimant.
The Court accordingly does not recommend concession of the claim.
~
Signed on behalf of the Labour Court,
Evelyn Owens
__11th__December,__1990. ___________________
U. M. / M. F. Deputy Chairman