Labour Court Database __________________________________________________________________________________ File Number: CD91289 Case Number: LCR13387 Section / Act: S26(1) Parties: OFFICE OF PUBLIC WORKS (O.P.W.) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim on behalf of five Storekeeper/Clerks for regrading to foreman, grade III.
Recommendation:
7. The Court recommends that in the light of the oral and written
submissions made by the parties that the claim of the Union be
conceded.
Division: MrMcGrath Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91289 RECOMMENDATION NO. LCR13387
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1946
PARTIES: OFFICE OF PUBLIC WORKS (O.P.W.)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim on behalf of five Storekeeper/Clerks for regrading to
foreman, grade III.
BACKGROUND:
2. In 1982, the Union lodged a claim on behalf of Storekeeper
Clerks employed at five locations for regrading to Foreman, Grade
3. The claim is based on the grounds that the workers do not work
directly under their immediate supervisory grade of Foreman, Grade
3 and that the work which they do is almost similar to that grade.
It was agreed after local discussion and a conciliation conference
that a job evaluation would be carried out simultaneously by the
parties. The Union's industrial engineering officer did a job
evaluaton and recommended that the jobs be upgraded. The O.P.W.
did not carry out any study.
3. In late 1986 the claim was the subject of further local
discussions and the parties agreed to a study being carried out by
the Irish Productivity Centre (I.P.C.). The report was completed
in 1987 and recommended as follows:
(a) where a storekeeper/clerk is employed at a location
without a foreman grade 3, that the job be regraded to
foreman, grade 3.
(b) where a storekeeper/clerk is employed at a location where
there is a foreman, grade 3, the grade of
storekeeper/clerk remain as it is.
4. In September, 1987 it was agreed, following further
discussions locally and a conciliation conference, that:
(a) Two named persons would be regraded on a purely personal
basis.
(b) The posts would revert back when the persons retire.
(c) One months retrospection.
(d) The Union would not pursue further claims on the issue
until 1989.
Further local discussions were held in early 1991. As no
agreement was possible the matter was referred to the Labour
Relations Commission on 16th January, 1991. A conciliation
conference was held on 24th April, 1991 at which no agreement was
reached. On 4th June, 1991 the Commission, having considered the
dispute, referred the claim for investigation and recommendation
to the Labour Court under Section 26 of the Industrial Relations
Act, 1990. The parties agreed to the referral. A Court hearing
was held on 27th June, 1991.
UNION'S ARGUMENTS:
5. 1. The workers in this claim are carrying out similar
functions to the foreman grade 3 rate and, therefore, deserve
similar rates of pay. Although there are small variations in
the type of work done, the overall functions and
responsibilities of both grades are the same. The only
written instructions either grade has are the "Instructions to
Storekeeper."
2. All avenues have been explored with a view to resolving
the claim. The I.P.C. has recommended that the five posts
concerned should be regraded.
O.P.W.'S ARGUMENTS:
6. 1. The foreman, grade III evolved during the 1960's as a
result of the expansion of Arterial Drainage operations. This
was at a time when many constructions schemes were in progress
which were extremely labour intensive with consequent heavy
clerical work. The concentration on drainage construction
continued right up to the 1980's. Since that time there have
been heavy cut-backs in finance which have resulted in little
or no construction work being carried out. The emphasis is
now on maintenance work and as a consequence there are now
fewer workers employed (details supplied to the Court). As a
result there are now instances were grade III foreman carry
out work similar to the claimants. This is because the work
of the foreman grade III has diminished.
2. Over recent years there are many areas within the Public
Service where workers have faced redeployment and redundancy
because whole areas of work have been abolished. The
situation facing the Arterial Drainage Service is very grave
and not set to improve. Apart from this, the claim is not
valid because of the work practices in the greater majority of
the Office's countrywide operations. The majority of foremen
grade 3 have greater responsibilities and numbers of staff to
supervise than at the locations involved in this claim. In
some instances foremen grade 3 are located at small centres
but these carried their grading from a previous assignment.
RECOMMENDATION:
7. The Court recommends that in the light of the oral and written
submissions made by the parties that the claim of the Union be
conceded.
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Signed on behalf of the Labour Court
Tom McGrath
______________________
28th August, 1991 Deputy Chairman.
M.D./J.C.