Labour Court Database __________________________________________________________________________________ File Number: CD90290 Case Number: LCR12952 Section / Act: S67 Parties: CITY OF DUBLIN VOCATIONAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;IRISH MUNICIPAL EMPLOYEES TRADE UNION |
Claim for a 12.50% pay increase on behalf of approximately 60 porters, assistant porters, senior porters and head porters.
Recommendation:
5. The Court having considered the oral and written submissions
of the parties does not find grounds for concession of the Unions'
claim and accordingly rejects it.
Division: MrMcGrath Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD90290 RECOMMENDATION NO. LCR12952
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CITY OF DUBLIN VOCATIONAL
EDUCATION COMMITTEE (C.D.V.E.C.)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
IRISH MUNICIPAL EMPLOYEES TRADE UNION
SUBJECT:
1. Claim for a 12.50% pay increase on behalf of approximately 60
porters, assistant porters, senior porters and head porters.
BACKGROUND:
2. The workers concerned are employed at various colleges and
schools administered by the C.D.V.E.C. In March, 1987 the Unions
submitted a claim for a substantial pay increase in basic pay on
behalf of porters employed by the C.D.V.E.C. on the grounds that
their duties had become more onerous in the areas of extra
security, purchasing of materials, involvement with alarm systems,
and an increase in unsocial hours worked. Management rejected the
claim and the dispute was referred to the conciliation service of
the Labour Court. At a conciliation conference held in December,
1988 both parties agreed to examine the claim with particular
reference to hours of work in comparable grades in local
authorities. At a reconvened conciliation conference held on the
30th May, 1990 the C.D.V.E.C. stated that they saw no basis for
further exploration of the claim and rejected it. Further local
discussions failed to resolve the dispute which was referred to
the Labour Court on the 31st May, 1990. A Court hearing was held
on the 13th July, 1990.
UNION'S ARGUMENTS:
3. 1. Porters are required to be responsible for all aspects of
security at schools and colleges. Increasingly in recent
times they have to deal with unsocial elements especially in
late evenings. There has been a big increase in the number of
break ins to schools at night leaving porters open to physical
assault. Porters also have to respond to alarms. There have
also been armed robberies in C.D.V.E.C. establishments in
recent times. The porter as the front line person bears the
brunt of this.
2. Porters are now responsible in many cases for the purchase
of cleaning materials. They are also responsible for control
and distribution of materials to cleaning staff. The amounts
of money involved can be quite sizeable. This responsibility
is not reflected in the porters' rate of pay (details supplied
to the Court). The duties of the workers concerned with
regard to "goods inwards" have also increased in recent times.
The porter is required to accept and sign for materials
delivered to schools of substantial value including electronic
teaching equipment such as video recorders, computer terminals
etc.
3. Alarm systems have been introduced into many schools and
colleges and more are on stream awaiting agreement on their
use. They entail extra work for porters, both mornings and
especially in the evenings. The C.D.V.E.C. also plan in some
cases to introduce close circuit monitoring equipment. Where
these alarms have been introduced they are operational without
Union agreement. Their continued use and extension elsewhere
now awaits the outcome of this claim. The C.D.V.E.C. have
effected savings through the non-replacement of watchmen and
reduction of outside security firms to provide night time
patrols of C.D.V.E.C. premises. Porters must be compensated
for the extra work now placed on them.
4. The hours worked by porters (details supplied to the
Court) are unsociable. This is not reflected in their rate of
pay. In Dublin Corporation where workers were rostered on
hours similar to those worked by porters, a shift premium of
1/8th is paid. While it is acknowledged that porters revert
to normal hours during the summer break, July to September, it
should be noted that annual leave is taken in this period. An
adjustment to the shift premium could accommodate this
anomaly. However this should not be necessary as the extra
duties performed by porters would compensate for this
shortfall. Most porters work "broken time" which spans in
excess of twelve hours. It should be noted that caretakers
working for Galway Corporation were awarded a premium of 16.6%
in a previous Labour Court Recommendation (L.C.R. 12309
refers). Unlike the workers concerned these porters start
work at 3.30 p.m. and only work an eight hour span.
5. It is generally perceived by other categories of workers
in the C.D.V.E.C. that the pay of porters does not reflect the
responsibility of the job at present. Recently when the
C.D.V.E.C. advertised for three vacancies in the porter grade
out of 200 workers entitled to compete for these posts only
eight applied and the C.D.V.E.C. were only able to make one
appointment. This indicates that the post of porter is
undervalued and needs an increase in its rate of pay to make
it attractive as a promotional outlet. The Union is seeking a
12.50% pay increase which is well merited by comparisons with
equivalent Dublin Corporation grades.
MANAGEMENT'S ARGUMENTS:
4. 1. Management accepts that from time to time undesirable
elements may enter C.D.V.E.C. premises. It is however a
fundamental part of a porters' duty to challenge unauthorised
persons entering buildings and to ensure the security of the
premises. This type of intrusion is to be expected in what
are essentially public buildings and is no more than what the
owners of other public buildings experience. With regard to
armed robberies only three have occurred in the past ten years
and it is clerical staff who have been most at risk as monies
are stored in a safe in the office where clerical staff work.
All teaching, administrative and maintenance staff are
presently paid by cheque thereby considerably reducing the
amount of cash handled in schools and colleges.
2. It has always been part of a porter's duty to deal with
the purchase of cleaning materials, and "goods inwards."
Porters only deal with "goods inwards" in relation to cleaning
materials ordered. The level of orders in some schools is low
and with current cutbacks in funds has further reduced the
amount of goods being ordered. Goods inwards entail little or
no additional work, deliveries of many items such as polishes,
toilet rolls etc. are infrequent and in no way impinge on
normal porter duties.
3. All alarm systems installed by the C.D.V.E.C. are
automatic and in the event of activation are inspected by the
alarm company which assesses the nature of the break in or
extent of damage. In the event of serious damage the
principal/vice principal or, in the case of approximately
eight centres, porters are contacted. However porters are
remunerated for providing this service, a minimum payment of
three hours' overtime at the appropriate rate is paid.
Additional payment is granted in respect of total mileage
accumulated during the alarm call-out. In the majority of
centres porters are responsible for the operation of the alarm
control panel which is easily operated by turning a key or
punching a code number. This function is performed at the
opening and closing of buildings. It is part of a porter's
job to arrange for the opening of schools/colleges as
directed. The installation of alarm systems makes the
porters' duties less arduous in that there is now no need to
check that doors, windows etc. have unwittingly been left
open. This information is now conveyed on the alarm control
panel.
4. Management would argue that the porter grade in the C.D.V.E.C.
is directly related to the porter grade in Dublin Corporation
(details of duties, wage scale, and hours of work supplied to
the Court). Shift porters in Dublin Corporation unlike
C.D.V.E.C. porters are not in receipt of an eating on site
allowance but receive travel allowance and 1/8th shift
premium. C.D.V.E.C. porters do not receive a shift premium
but do receive eating on site allowance and travel time.
5. The unsocial hours worked by porters occur during the
season of night classes run by the C.D.V.E.C. Ninety per cent
of the night classes end during the month of May. In some
centres night classes are run two nights per week. The porter
and assistant porter cover alternative nights, therefore they
work one night per week each. It is an integral part of a
porter's job specification to be on the premises during night
classes. Not all porters employed by the C.D.V.E.C. are time
tabled for shift work. Where they are, such timetables relate
to the academic year only which in effect means that for June,
July, August, September, and for Easter, Mid-term, and
Christmas the shift element ceases to exist.
RECOMMENDATION:
5. The Court having considered the oral and written submissions
of the parties does not find grounds for concession of the Unions'
claim and accordingly rejects it.
~
Signed on behalf of the Labour Court
Tom McGrath
__________________________
20th July, 1990. Deputy Chairman
T.O'D./J.C.