Labour Court Database __________________________________________________________________________________ File Number: CD89857 Case Number: LCR12756 Section / Act: S67 Parties: UNIVERSITY COLLEGE CORK - and - SERVICES, INDUSTRIAL, PROFESSIONAL, TECHNICAL UNION |
Claim concerning low rate of pay for (3) three General Operatives.
Recommendation:
5. The Court must have regard to the National rates of pay which
are applied to these jobs and also to the very specific terms of
the 1981 local agreement. The nature of the "red circling" agreed
to in 1981 virtually guaranteed a differential would apply down
the years. Having considered the submissions, the Court does not
find that adequate grounds have been established to enable it to
recommend concession of the claim.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89857 RECOMMENDATION NO. LCR12756
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: UNIVERSITY COLLEGE CORK
and
SERVICES, INDUSTRIAL, PROFESSIONAL, TECHNICAL UNION
SUBJECT:
1. Claim concerning low rate of pay for (3) three General
Operatives.
BACKGROUND:
2. The dispute concerns three (3) General Operatives employed in
the College's maintenance department. It arose because the three
(3) workers are not on the same pay scale as the other eleven (11)
General Operatives in the College. The three (3) workers
concerned are paid in accordance with the Local Government Staff
Negotiations Board (L.G.S.N.B.) scale for General Operatives. The
other eleven (11) workers are paid in accordance with another
scale operated by the College for General Operatives. i.e. a
personal rate which applies only to operatives who were employed
by the College prior to 1981. An agreement was made with the
Union, that all workers appointed after 1981, would be paid as per
the National Scale operating in the Public Sector for General
Operatives. As a compromise could not be reached, between the
Union and College, the dispute was referred to the conciliation
service of the Labour Court on 24th October, 1989. Agreement was
not reached, the matter was referred to the Labour Court for a
full hearing. The case was heard in Cork on 18th January, 1990.
UNION'S ARGUMENTS:
3. 1. The Union wants to re-negotiate the 1981 agreement to
take account of the three (3) workers in dispute. It accepts
that the 1981 Agreement was acceptable at that time for the
twenty one (21) workers employed by the College. Following
the 1981 Agreement a rationalisation programme was implemented
by the College. The General Operative grade was reduced from
twenty one (21) to fourteen (14). Consequently, the reduction
in staff numbers resulted in increased work for those
remaining.
2. The College has purchased various properties since 1981
(since the agreement) for conversion and subsequent
maintenance. General Operatives (including the three (3) in
dispute) are obliged to carry out the extra duties associated
with the properties. This has caused considerable frustration
and tension among the workforce. As all General Operatives
are rostered on the same duties but yet the three (3) workers
in dispute have a scale difference of #35.88 at the starting
point and #25.68 at the top point.
3. 3. The 1981 Agreement should be amended to ensure that
workers who are in the same grade and rostered to the same
duty, are paid in accordance with the same pay scale.
COLLEGE ARGUMENTS:
4. 1. The three (3) General Operatives were appointed to the
College's Department between December, 1985 and February,
1989. Their contracts of employment set out their pay scale
and how it was derived. It also advised of the existence of
another scale for General Operatives in the College (details
supplied to the Court).
2. The College abides by the agreement it entered into with
the Union. It will not make an exception for the three (3)
workers concerned as this would defeat the purpose of the
agreement. The 1981 agreement is specific and clearly
outlined within the contract of employment. Following the
1981 agreement new entrants to the General Operatives grade
(after the 1st June, 1981) were appointed in accordance with
the Local Government Staff Negotiations Board (L.G.S.N.B.) pay
scales.
3. Concession of the Union's claim would have enormous
implications for the College.
RECOMMENDATION:
5. The Court must have regard to the National rates of pay which
are applied to these jobs and also to the very specific terms of
the 1981 local agreement. The nature of the "red circling" agreed
to in 1981 virtually guaranteed a differential would apply down
the years. Having considered the submissions, the Court does not
find that adequate grounds have been established to enable it to
recommend concession of the claim.
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Signed on behalf of the Labour Court
Kevin Heffernan
13th February, 1990 ----------------
M.N./U.S. Chairman