Labour Court Database __________________________________________________________________________________ File Number: CD90394 Case Number: LCR13010 Section / Act: S67 Parties: IRISH NATIONAL INSURANCE COMPANY PLC - and - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION |
Claim by the Union concerning the rate of pay applicable to clerk typists who have been regraded and assigned to clerical duties.
Recommendation:
5. On the basis of the evidence submitted and the clarifications
given at the hearing the Court is of the view that the Company
has impelemented the proposals made by letter of 31st January,
1990 and accepted by the Union on 6th March, 1990.
The Court accordingly does not recommend concession of the claim.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD90394 RECOMMENDATION NO. LCR13010
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH NATIONAL INSURANCE COMPANY PLC
AND
SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION
SUBJECT:
1. Claim by the Union concerning the rate of pay applicable to
clerk typists who have been regraded and assigned to clerical
duties.
BACKGROUND:
2. Following a Company rationalisation programme which finalised
in December 1988, the Union submitted a claim on behalf of clerk
typists, seeking recognition for the fact that they were
undertaking an increasing amount of clerical duties. Clerical
staff are remunerated by way of a four scaled programme, while
typists can only progress to scale three of that same programme.
The scales are defined as follows:-
"SCALE 1:
This is the basic recruitment scale for all staff
including typists, clerk/typists, telephonists,
key-punch, receptionists, etc.
Those recruited for clerical appointment with a minimum
of two honours in Leaving Certificate and pass in maths
will commence at Point 2 of the scale.
SCALE 2:
Transfer to this scale will be effected on the 1st
January following three years' completed service - 1st
October for Irish National staff. The normal increment
in Scale 1 will be awarded and transfer to Scale 2 will
be to the next money point in the new scale.
SCALE 3:
Transfer to this scale will be subject to the
recommendation of the Departmental Head supported by the
appropriate Line Manager. It will require successful
completion of four parts of the A.C.I.I. or equivalent
examination or 10 years' completed service. The same
procedure will apply to movement as in the case of Scale
2.
SCALE 4:
As for Scale 3 except that possession of six parts of the
A.C.I.I. or equivalent is involved or in the case of
clerical staff, those who have reached the maximum of
Scale 3. Movement will be to the next money point on
Scale 4."
The claim was discussed at local level and in a letter to the
Union dated 31st January, 1990, Management made the following
offer:-
"Where there is agreement that the job specification or
role of an individual has been altered to a clerical
rather than clerk/typist definition then we are prepared
to revise current gradings. In agreed situations we will
provide for progression to Grade 4 on the normal transfer
basis on the undertaking that there is agreement to
perform the duties of the lower grade where necessary."
Following further local discussions, the offer as contained in the
letter of 31st January 1990, was accepted on 6th March, 1990.
Later the Union claimed that Management did not implement the
agreement as negotiated, as current and retrospective recognition
was not given to some typists who were already carrying out
clerical duties. As this issue was not resolved at local level it
was referred to the Conciliation Service of the Labour Court on
12th April, 1990 and was the subject of a conciliation conference
on 25th May, 1990. No agreement was reached and the Union
requested a full Court hearing. The Company agreed and the Court
investigated the dispute on 24th August, 1990.
UNION'S ARGUMENTS:
3. 1. Clerk typists have co-operated in taking over the duties
previously carried out by clerical staff. They should,
because of the changed circumstances, be paid as clerical
staff. Typists carrying out clerical duties receive one
increment less than clerical workers.
3. 2. Progression to grade 4 on the normal transfer basis is a
misnomer. It did not exist in practice under the terms of the
original agreement. Company rationalisation has resulted in
various Branches having no clerical staff whatsoever employed.
All clerical and, indeed, more senior duties have been taken
over exclusively by typists. The manner in which the Company
recruits staff is evidence of a policy of utilising "cheap
labour", insofar as staff continue to be employed as
clerk-typists, yet in some cases, never carry out typing
duties. They are mainly involved with clerical duties. This
contravenes the terms of a longstanding agreement with the
Company.
3. Typists take the view that their co-operation deserves
current recognition. The offer of transfer to Scale 4, after
attaining maximum points on Scale 3, in effect, means that the
vast majority of them would never, under this proposal, derive
any benefit for the extra responsibility involved. The
reality is that they are as capable as anybody else of
performing clerical duties and have indeed proved this to be
so. Their typing skills are an extra skill which other
clerical staff do not, in general, enjoy.
COMPANY'S ARGUMENTS:
4. 1. Clerical staff are embodied in four scales. Each of these
scales have an incentive in relation to the Chartered
Insurance Institute examinations (C.I.I.) to encourage staff
to take the exams. All clerical grade staff are recruited
within Scale 1. Those with Leaving Certificate, two honours
and a pass in mathematics get an acceleration of one point.
This is the qualifying entry standard for the examinations of
the C.I.I. Advancement to Scale 2 is after three years
permanent service for all staff. Movement to Scale 3 is
defined. Again acceleration may be earned by success in the
examination of the C.I.I., Scale 4 is a purely clerical scale
and entry from Scale 3 is defined. Again accelerated
advancement is provided for related to the C.I.I.
examinations. The maximum of Scale 3 was the agreed maximum
for typing staff. In March, 1990, the Union accepted the
Company proposals that, where it was agreed that the job
specification of an individual typist had altered to a
clerical rather than typing position, progression to Scale 4
would be provided, on the normal transfer basis. The Company
has met its obligations fully on this proposal. It has dealt
generously in selecting staff for progression. A new horizon
is opened for all concerned, with an ultimate increase in the
order of #1,000 p.a. For those currently qualified by
examination or service the agreed immediate benefit has been
forthcoming. Typists who were selected for progression to
Scale 4 and who have a Leaving Certificate with two honours
and a pass in mathematics, have received an acceleration of
one point, as agreed for clerical workers.