DEP912

Labour Court Database __________________________________________________________________________________ File Number: AEP902 Case Number: DEP912 Section / Act: S8(1)AD Parties: BANK OF IRELAND - and - TWENTY FOUR CLEANERS AND ONE SUPERVISOR;SERVICES INDUSTRIAL;PROFESSIONAL TECHNICAL UNION

Subject:
Appeal by the Bank and the Union against Equality Officer's Recommendation No. EP9/1989 concerning a claim on behalf of twenty four cleaners and one supervisor for equal basic hourly pay with twenty six male comparators.

Recommendation:
6. The Court considered the Union and employer's submissions both
oral and written and the Equality Officer's recommendation. The
Court also visited the two locations in the Bank involved and
inspected the work of the claimants and the comparators. Having
carefully considered fully all the issues raised and as a result
of its own inspection the Court finds as follows in respect of the
appeal:-

1. Section 3(b) of the Act

The Court in examining the work of the claimants and comparators
finds that cleaning duties are carried out by both but only form
part of the work carried out by the comparators. The Court finds
that the differences between the work performed and the conditions
under which it is performed are not of small importance and
accordingly the Court concurs with the conclusions of the Equality
Officer that "the claimants do not perform work of a similar
nature to that performed by any of the comparators."

Accordingly the Court finds the claimants do not perform like work
to the work performed by the comparators, as provided for under
the terms of Section 3(b) of the Act.


2. Section 3(c) of the Act

Having considered the views of the parties and having examined the
work on site the Court having examined the demands of the work
finds that the work performed by the claimants is not of equal
value to the work of the comparators. Accordingly the Court finds
that the work of the claimants is not like work in terms of
Section 3(c) of the Act with the work performed by the
comparators. The Court upholds the recommendation of the Equality
Officer.

In the light of the above findings the Court rejects the appeal of
the Union on behalf of the 24 claimants.

3. Claim of cleaning supervisor

The Court notes that the parties have reached an agreement
acceptable to them in respect of the claim of the Cleaning
Supervisor and that the Court is no longer required to consider
the appeal by the Employer against the recommendation of the
Equality Officer in respect of this claimant.

Division: MrMcGrath Mr Keogh Mr Devine

Text of Document__________________________________________________________________

AEP902 DETERMINATION NO. DEP291

ANTI-DISCRIMINATION (PAY) ACT, 1974


PARTIES: BANK OF IRELAND

and

TWENTY FOUR CLEANERS AND ONE SUPERVISOR
(REPRESENTED BY SERVICES INDUSTRIAL
PROFESSIONAL TECHNICAL UNION)

SUBJECT:
1. Appeal by the Bank and the Union against Equality Officer's
Recommendation No. EP9/1989 concerning a claim on behalf of twenty
four cleaners and one supervisor for equal basic hourly pay with
twenty six male comparators.

BACKGROUND:
2. The background to this case is set out in Equality Officer's
Recommendation No. EP/1989 which is attached as appendix 1 to this
Determination.

3. The Union by letter date 22nd December, 1989 advised the Court
of its intention to appeal on behalf of the 24 claimants against
the Equality Officer's Recommendation as follows:-

"We wish to appeal on behalf of our 24 claimants against the
above recommendation under Section 8 (1) of the Act. The
recommendation was issued on 23rd November, 1989.

The appeal is based on the following grounds:-

1. That the Equality Officer erred in law and in fact in
deciding that the claimants do not perform similar work with
at least one comparator under Section 3 (B) of the Act, and

2. That the Equality Officer erred in law and in fact in
deciding that the claimants with the exception of the
supervisor, do not perform like work with the comparators
under Section 3 (C) of the Act, and

3. Such further or other grounds as may arise at or be put
forward at the hearing of the above appeal."



4. The Bank by letter dated 3rd January, 1990 advised the Court
that it wished to appeal against the Equality Officer's
Recommendation in accordance with Section 8(a) of the
Anti-Discrimination (Pay) Act, 1974.


5. The Court heard the appeal on the 24th May, 1990. The
submissions made by the Union and the Bank at this hearing are
attached on Appendix II and Appendix III respectively. The Court
subsequently visited the Bank's premises at No. 2 College Green
and No. 34 College Green on the 18th and 19th September, 1990
respectively and inspected the work of the claimants and the
comparators.


DETERMINATION:
6. The Court considered the Union and employer's submissions both
oral and written and the Equality Officer's recommendation. The
Court also visited the two locations in the Bank involved and
inspected the work of the claimants and the comparators. Having
carefully considered fully all the issues raised and as a result
of its own inspection the Court finds as follows in respect of the
appeal:-

1. Section 3(b) of the Act

The Court in examining the work of the claimants and comparators
finds that cleaning duties are carried out by both but only form
part of the work carried out by the comparators. The Court finds
that the differences between the work performed and the conditions
under which it is performed are not of small importance and
accordingly the Court concurs with the conclusions of the Equality
Officer that "the claimants do not perform work of a similar
nature to that performed by any of the comparators."

Accordingly the Court finds the claimants do not perform like work
to the work performed by the comparators, as provided for under
the terms of Section 3(b) of the Act.


2. Section 3(c) of the Act

Having considered the views of the parties and having examined the
work on site the Court having examined the demands of the work
finds that the work performed by the claimants is not of equal
value to the work of the comparators. Accordingly the Court finds
that the work of the claimants is not like work in terms of
Section 3(c) of the Act with the work performed by the
comparators. The Court upholds the recommendation of the Equality
Officer.

In the light of the above findings the Court rejects the appeal of
the Union on behalf of the 24 claimants.

3. Claim of cleaning supervisor

The Court notes that the parties have reached an agreement
acceptable to them in respect of the claim of the Cleaning
Supervisor and that the Court is no longer required to consider
the appeal by the Employer against the recommendation of the
Equality Officer in respect of this claimant.
~

Signed on behalf of the Labour Court

Tom McGrath
__________________________
11th March, 1991 Deputy Chairman.
A.S./J.C.


LIST OF APPENDICES


Appendix 1. Equality Officer's Recommendation EP9/1989

Appendix 2. Union's submission

Appendix 3. Bank's submission


EP9/1989
(File No. EP9 & 10/89)


THE LABOUR COURT

ANTI-DISCRIMINATION (PAY) ACT, 1974

EQUALITY OFFICER'S RECOMMENDATION NO. EP9/1989

Parties: BANK OF IRELAND

and

TWENTY FOUR CLEANERS AND ONE SUPERVISOR
(Represented by the Irish Transport and General Workers' Union)



Dispute:

1. The dispute concerns claims by twenty five female employees
for the same basic hourly rate of pay as paid to twenty six male
Comparators, on the grounds that they perform like work with that
performed by them in terms of section 3(a), 3(b) and 3(c) of the
Act. Twenty four of the Claimants are employed as Cleaners and
the remaining Claimant is employed as their Supervisor. Twenty
one of the Comparators are employed as Porters, two as Head
Porters, two as Deputy Head Porters and one as an Assistant Deputy
Head Porter. The names of the Claimants and of the Comparators
are set out in Appendix I.

Background:

2. The Claimants and the male Comparators in this dispute are
employed by the Bank of Ireland at its two branches in College
Green, Dublin and consist of all the Cleaners and Porters employed
at these branches.

3. In January, 1989, the Union claimed equal pay for 24 named
Cleaners (who included one Supervisor) in the two branches of the
Bank of Ireland in College Green and 14 named Porters employed at
the same two branches, on the grounds that their work was like
work as defined in section 3 of the Act but the Bank rejected the
claim. By letter dated 28th April, 1989, the Union requested an
investigation by an Equality Officer of the dispute. On 16th
August, 1989, during the course of the Equality Officer's
investigation and with the agreement of the Bank, one further
Claimant and twelve additional Comparators were added to the
claim. Details of the Equality Officer's investigation are
contained in Appendix II.


4. Brief details of the conditions of employment, the hours of
work and the wages of the Claimants and of the Comparators are as
follows:-

Claimants

- The Cleaners and the Supervisor are employed on a permanent
part-time basis and are paid a flat rate of #3.91 per hours in
respect of a 22 hour week and are also entitled to service
pay. Their basic pay, excluding service pay, is #93.84 per
week. The Supervisor receives an allowance of #5 per week in
respect of supervisory duties. The work performed by the
Cleaners was examined and re-allocated in the course of a
review and rationalisation of manning levels in the Porter and
Cleaner grades in 1987 and 1988. An extra Cleaner was
employed at the branch at 2 College Green following this
review.

Comparators

- The Comparators are employed on a permanent full-time basis,
their basic weekly hours are 40, and they receive overtime
payment at time and a half for time worked in excess of the 40
hours per week. Fifteen of the Comparators are paid in
accordance with the Porters' 12 point incremental wage scale
which ranges from #159.69 to #189.33 per week, (full details
of the scale are set out at Appendix III). The remaining
eleven Comparators are paid as follows:-

2 hold the positions of Head Porter (one in each Branch) and
are in receipt of a special rate for the job;
2 are in receipt of a Deputy Head Porter's allowance (one in
each Branch);
1 receives an Assistant Deputy Head Porter's allowance at 2
College Green Branch;
4 retain the Security Guards' rate of pay on a personal basis
as they were redeployed to their present jobs as Porters from
the Cash Control Department which closed;
2 retain an allowance for fire lighting duties.

Of the 26 Comparators, therefore, only 15 are remunerated
solely on the basis of the Porters' incremental wage scale.

- When the manning levels of Porters and Cleaners were reviewed
in 1987 and 1988 the number of Porters employed at 34 College
Green was reduced from 15 to the present number of seven. In
the course of this rationalisation, the job specifications
were debated with and accepted by both parties as being fair
and equitable divisions of the duties to be performed. The
actual duties as performed by the Porters prior to and
following the review/rationalisation were not altered.


- Until 1st April, 1981 Porters generally were paid a flat rate
with appropriate service pay allowances. An 11 point scale
was introduced on that date and Porters were assimilated onto
that scale according to their service e.g. a Porter with 4
years service was placed on point 5, a Porter with 4 - 7 years
service was placed on point 6, a Porter with 8 - 11 years on
point 7 and so on. In December, 1983 a 12th point was added
to the scale.

According to the terms of a Productivity Agreement made in
1978 between the Banks and I.T.G.W.U., applicable to Porters,
Security Guards and Mobile Bank Drivers, an increased emphasis
was placed on the importance of the security aspects of the
work of Porters and it was accepted as an integral part of
their basic duties without warranting extra compensation.

- A paragraph regarding transferability is also included in that
Agreement. It states that "the Banks shall have the right to
transfer employees from one office to another, within cities
or towns where there is more than one branch or office."

- The Agreement also includes a paragraph headed Exclusive Right
to Certain Work which states that while it is accepted that
Porters, Drivers and Security Guards are employed by the Banks
to perform a range of duties which are appropriate to those
grades, the performance of those duties is not the exclusive
right of its members and may on occasions be performed by
other grades of staff so that the Bank may secure a more
economic use of staff and a more effective performance of
work.

Union's Case:

5. The Union contends that each of the Claimants performs like
work as defined in section 3(a), 3(b) and 3(c) of the Act with
that performed by one or all of the named Comparators and is
entitled, therefore, to the same hourly rate of basic pay as those
males. In support of this contention the Union supplied (i)
descriptions of the work performed by the Claimants (excluding the
Supervisor), and by the Comparators, (ii) an analysis of the work
performed by the Claimants and (iii) detailed comments concerning
the Bank's submission. The job descriptions in respect of the
Cleaners are attached at Appendix IV, the analysis of the work
performed by the Claimants is at Appendix V, a synopsis of the
work performed by the Porters is at Appendix VI, detailed job
descriptions in respect of the Comparators' jobs, as submitted by
the Union and the Bank, are contained at Appendix VII.


6. The Union submitted no arguments in relation to section 3(a)
of the Act. With regard to section 3(b) of the Act, the Union
submits that, in line with previous interpretations of this
subsection by Equality Officers and by the Labour Court, the jobs
of the Claimants and the Comparators can reasonably be described
as similar in nature. The cases referred to by the Union in this
regard are Dublin VEC (EP13/1986, DEP1/1987), Toyota Motor
Distributors (EP17/1985, DEP1/1986), Dowdall O'Mahony (EP2/1987,
DEP6/1987), UCC (EP3/1988, EP4/1988, DEP2/1989, DEP3/1989) and
CMP (EP2/1989).

7. The Union accepts that differences do occur in the work
performed. It points out, however, that in the case of Dowdall
O'Mahony (DEP6/1987) the Labour Court determined that, in deciding
whether the differences were of small importance, the relevant
point which should be considered was "whether or not these
differences were of such importance that they would normally be
used as the basis for establishing a different grade, salary scale
or rate of pay, irrespective of the sex of the workers concerned".
On the basis of this interpretation, the Union considers that the
differences in the work performed by the Claimants and the
Comparators in the case here concerned do not justify a difference
in the rate of pay.

8. The Union does not accept the contention of the Bank that "the
work performed by the Cleaners and Porters is not the same, is not
performed under similar conditions and is not interchangeable in
any respect", and that the detailed job descriptions in respect of
the Porters and the Cleaners "demonstrate clearly the differences
between the jobs and justify the differential in pay which
exists". The Union argues that in Dowdall O'Mahony v. I.T.G.W.U.
(EP2/1987), the Equality Officer dealt with these points under
section 3(b) by asking the following questions:-

"(i) Are there differences between the work performed by the
women and the work performed by the men which have caused
the Company to pay each of the men a higher rate of pay,
or is the existing difference in pay due solely and
entirely to deliberate sex discrimination?

(ii) If such differences exist, are they of a magnitude which
could reasonably be expected to give rise to a difference
in pay irrespective of the sex of the workers concerned?

(iii) Has the Company overlooked without
justification any compensating factor peculiar to the
women's work?".


The Union considers that these are the relevant questions under
section 3(b) and in response to (i) states that it believes that
the difference in pay in this case is due solely and entirely to
sex discrimination. In response to (ii) it states that the
differences are not of a magnitude which would reasonably be
expected to give rise to a difference in pay irrespective of sex.
Under (iii) it states that the Employer has never looked at the
job of the Claimants in relation to that of the other employees of
the Bank and it considers that this oversight relates to the fact
that the perception of such cleaning work remains sex-related and
has its roots in the general perceptions of a woman's role in
society.

9. In addition to its arguments in relation to section 3(b) of
the Act, as submitted in the preceding paragraphs, the Union
contends that there is a very positive similarity between the work
performed by the Cleaners and by one of the Porters i.e. Desmond
Weekes. More specifically, it argues that the work performed by
this Comparator is similar in the following five aspects to the
work performed by each of the Claimants:-

(1) He cleans the outside areas of the Bank e.g. colonnade,
forecourt and back yards;
(2) He keeps the railings clean and cleans out dirt behind them;
(3) He cleans the lower yard and bicycle shed and sweeps out the
boiler house, motor bike shed etc.
(4) He keeps the coal house clean and tidy;
(5) He cleans out fireplaces (3 to 4 each morning during the
winter) and when fires are lighting he dusts the furniture,
ledges etc. in each room.

The Union contends that the similarities between the jobs far
outweigh the differences and that, in any event, the differences
which do occur are of small importance in relation to the work as
a whole and do not justify a different rate of pay. Clearly,
therefore, the work is like work in terms of section 3(b) of the
Act.

10. With regard to section 3(c) of the Act, the Union submits that
the work performed by the Claimants is clearly equal in value to
that performed by the Comparators. It contends that, on the basis
of its analysis of the jobs of the Claimants and of the
Comparators, it is satisfied that the demands of the jobs are
equal in value in terms of the factors mentioned in that
subsection. (An analysis of the work performed by the Claimants
is contained at Appendix V; an analysis of the work performed by
the Comparators was not submitted by the Union). The Union
stresses that an analysis of the jobs of the Comparators shows
that the Comparators perform a range of jobs, with a range of
values, all of which are regarded by the employer as being equal
in value and paid at the same rate of pay. An analysis of the
work of the Claimants shows that their work is at least as


demanding as the least demanding Porter's position. The Union
points out that in Murphy v. An Bord Telecom Eireann, Mr. Justice
Keane stated that equality does not require mathematical
exactitude; in accordance with this view, the jobs of the
Claimants and the Comparators constitute like work in terms of
section 3(c) of the Act.

11. The Union also submits that the very narrow interpretation of
section 3(c) which has been adopted by the Bank is not valid and
is totally in conflict with the interpretation given to section
3(c) by Equality Officers and the Labour Court in the precedent
cases already referred to and is also in conflict with the High
Court's interpretation of section 3(c) in Murphy & Others v. An
Bord Telecom Eireann.

12. The Union contends that in its evaluation of the work of the
Claimants the Bank has ignored completely the following aspects of
their work:-
(i) The Cleaners work entirely on their own initiative. They
decide on the sequence of their cleaning and which cloths
and cleaning agents to use. For example they would not
clean the tables with a cloth used in the toilets. They
require interpersonal skills to get on with staff and must
be obliging and work when it suits staff.

(ii) They voluntarily perform additional duties and are flexible
in their work, e.g. they help in the cleaning of additional
areas if a Cleaner is unavoidably absent and a replacement
cannot be contacted in time, they come to work earlier in
order to perform additional cleaning duties required
following special functions etc.

(iii) During late opening of the Banks, when they work in the
public areas, they are security conscious; if they see
anything unusual they inform the Bank officials about it in
the same way as the Porters.

(iv) The Cleaners and in particular the Supervisor, must be
trustworthy and responsible and are entrusted with money,
cheques, etc. (details supplied). In addition the
Supervisor is responsible for the supervision of the work
of the Cleaners and for the Cleaners themselves.

(v) Cleaning is an essential service and the Bank would be
greatly inconvenienced if it were not done properly.

(vi) The cleaning work entails a high level of physical effort
on a continuous basis. The Cleaners must lift heavy cash
boxes to clean under them, pull and push trolleys loaded


with towels, cleaning aides etc., carry buckets of water
over long distances, bring vacuum cleaners up and down
stairs, wash and vacuum stairs, etc. In contrast, the
Porters perform only occasional physical work.

(vii) Cleaning work requires far more mental effort than
suggested by the Bank e.g. the cleaners must be constantly
conscious of hygiene, remember where to replace items
lifted from desks or removed from rooms, must plan their
work in order to cause the least inconvenience to Bank
staff, many of whom are at work while the cleaning is being
done, must be thoroughly familiar with the lay out of the
Bank in which they work, must constantly assess their
cleaning requirements and supplies required to perform
their work etc.

(viii) In common with other Bank staff, they must also dress
suitably for their work. It is also necessary for them to
go to different premises to do cleaning work in all weather
conditions.

13. The Union makes the following additional comments in regard to
the Bank's submission:-

(i) The language used in the job descriptions and job analysis
submitted by the Bank endeavours to overvalue the work of
the Porters while it totally downgrades the work of the
Cleaners. Despite the fact that both jobs are unskilled
and that the job holders do not require any qualifications,
the Bank has made a huge distinction between the jobs.

(ii) The points made by the Bank regarding the image presented
by the Porter and his high level of customer contact is
totally over stated. The tasks of the Porters in this
regard are similar to those of Porters in other commercial
enterprises. Uniforms are required for identification
purposes just as they are elsewhere. Customers do not
always ask the Porters for directions, etc. Other Bank
staff are readily available and customers go to them for
advice.

(iii) On the issue of security, it is accepted that the Porters
must be alert, vigilant and security conscious and
key-holding may be required in their work. However, it
must also be acknowledged that the claimants have access to
and use the Bank's keys in the absence of other staff
members and, in line with all other Bank staff, are
expected to be alert, vigilant and security conscious.


(iv) On the issue of transferability, the Union contends that
the only reason Porters are changed from Bank to Bank is on
request, for promotion purposes, when "head hunted" for
special jobs etc. In fact, six Porters have been
transferred recently for these reasons. The Union contends
that the Cleaners could also be transferred for these same
reasons.

14. In conclusion, the Union contends that the Bank has shown a
complete disregard for the work of the Claimants. In this regard,
the Union refers to a Research Study commissioned by the
Employment Equality Agency of workers employed in the cleaning
industry, titled "The Hidden Workers". The Union states that it
is clear that the Claimants are not considered as part of the
"real" employment scene in the Bank and that, in fact, they are
part of the "invisible workforce" described in "The Hidden
Workers". Their services are completely underpaid and the
position should be rectified by the Equality Officer as it is
clear that they perform like work in terms of section 3 of the Act
with that performed by the Comparators.

Bank's Case

15. The Bank argues that discrimination on a sex basis does not
exist within its staffing structure. It submits that it is clear
from the job descriptions submitted in respect of the Comparators,
the details of the cleaning duties undertaken by the Claimants in
each of the locations and the job analysis and comparison of the
work which it prepared, that the jobs are not equal and that the
equal pay claim made under the terms of section 3(a), 3(b) and
3(c) of the Act is unsustainable. (The job descriptions in
respect of the Porters are the same as those submitted by the
Union and are contained at Appendix VII. The details of the
Claimants' work is at Appendix VIII and the work analysis and
comparison of the work performed by the Claimants and the
Comparators are contained at Appendix IX). The Bank's arguments
in the case are summarised in the following paragraphs.

16. In support of its contention that the work performed by the
Claimants and the Comparators is not like work in terms of section
3(a) and 3(b), the Bank submits the following details which, it
contends, include specific aspects of the Porters' work which when
contrasted with the Cleaners' work show clearly that the work
performed by the Porters and the Cleaners is not the same, is not
performed under similar conditions and is not interchangeable in
any respect:-


"(i) An integral part of the work of all Porters is attention to
and emphasis on security. This was recognised in the 1978
productivity agreement with the Union. Because Porters are
present in the Branches at 2 College Green and 34 College
Green during opening hours they are required to have a high
degree of customer contact and provide a number of direct
services to Bank customers such as coin collections. In
such cases Porters are expected to show initiative,
courtesy and diplomacy in their dealings with customers.
In addition and because of the high volume of people
traffic during opening hours Porters are required to be
alert to any potential breach of security as a back up to
the Security Guards on duty.

Because the Porters are in the public view and are
interacting with customers both inside and outside the
Branch they are expected to convey an appropriate image.
In this regard they are provided by the Bank with a uniform
and other items of dress on a regular basis. (The full
list of clothing items provided by the Bank was supplied).

The Claimants on the other hand have no contact with Bank
customers and because their working hours coincide with the
Bank's period of closure to the public the question of they
being security conscious does not arise.

(ii) Porters have access to areas of high security on an ongoing
basis. As part of their daily routine, Porters are
required to transport items of value such as cash, coin,
documents to and from safes/strongrooms to the customer
service/cashier area. Their daily routine also includes
postal deliveries, and bringing items such as cheques for
special presentation to other Banks where reliability,
dependability and adherence to deadlines are essential.

On the other hand, Cleaners are not required to have access
to, nor do they come in contact with, items of value or
secure areas in the course of their normal duties.

(iii) Collecting, sorting and delivering post, computer bags and
items of value are integral parts of Porters' daily duties.
Letters must be delivered on time to the correct area/
section within College Green and also to locations such as
Head Office, Solicitors etc. Letters delayed, lost or
mislaid can have the potential to result in a loss accruing
to the Bank. Records of deliveries etc. are therefore
retained to minimise such eventualities and Porters are
required to maintain such records to ensure a level of
responsibility and accountability.


Porters in 2 College Green are required as part of their
daily routine to undertake security duties in the Car Park
during the lunch period of Security Guards. Porters'
duties are carried out both inside and outside the Branches
in all weathers.

Cleaners' duties are exclusively performed indoors."

17. With regard to section 3(c), the Bank contends that the work
performed by the Cleaners is not equal in value to that performed
by the Porters in terms of the demands it makes in relation to
such matters as skill, physical or mental effort, responsibility
and working conditions. A detailed comparison, prepared by the
Bank, of the work under these headings is contained at Appendix
IX. The Bank submits that the comparison of the jobs shows
conclusively that the work performed by the Porters is more
demanding under each of the headings than that performed by the
Cleaners.

18. The Bank makes the following comments in respect of points
raised orally and in writing concerning the duties of the Porters
and the Cleaners:-

(i) The Cleaners in 2 College Green do not have access to, nor
do they come in contact with, items of value in secure
areas in the course of their normal duties. One Cleaner
sweeps and washes the floors in the Treasury etc. one day
per month but during this operation two officials supervise
her cleaning from a security point of view. Keys for the
following area only are handed to particular Cleaners:-
Medical Department, Note Room (when all items of value have
been removed), Library, Maintenance Area and Various boxes
and presses used to store cleaning items/materials. The
keys are returned on completion of the necessary work.

(ii) The Cleaners are asked, in the course of their normal work,
to be vigilant e.g. to look into waste paper baskets before
emptying them in case a cheque, etc. may have fallen in.
However, if a Cleaner does not spot a cheque, etc. in the
basket and disposes of it, she is not held responsible for
its loss. The importance of vigilance in their work is
stressed to all Bank staff.

(iii) The work of each Cleaner was reviewed and examined
recently. When the Porters' jobs were being reviewed and
rationalised in 1987 and 1988, work performed by the
Cleaners was also discussed and sub-divided as agreed with
them. In fact, following an assessment of the work in 2
College Green, an extra Cleaner was employed. The work was
clearly not imposed on them: they were happy with their
work load.


(iv) The work performed by Agnes Sherwin, Supervisor, was also
reviewed. While she has a basic Supervisor's role, she
reports to the Head Porter and is not empowered to make
decisions regarding the work of her staff or the staff
themselves, without first consulting with the Head Porter.
She is amply remunerated in respect of her duties. The
allowance paid to her is in respect of her supervisory
role.

(v) The work of the Porters has not been overstated nor has the
work of the Claimants been understated. The descriptions
of the work of both grades are accurate. In contrast, the
Union has overstated and over emphasised the demands of the
work of the Claimants under all the headings set down in
section 3(c) of the Act (details supplied orally).

(vi) The work of the Claimants is not "at least as demanding as
the least demanding Porter's position". The job of each
Porter in both branches is a full job. Each job was
allocated specific duties when the manning levels were
reviewed in March, 1987 and March, 1988 in 2 College Green
and 34 College Green respectively. Each job specification
(contained at Appendix VII) was debated with and accepted
by the Union as being a fair and equitable division of the
duties to be performed. The duties themselves were not
altered following the review and subsequent
rationalisation. While there is interchangeability between
the positions in 2 College Green, this only occurs on a
needs basis rather than on a planned basis as in 34 College
Green.

19. The Bank makes the following points in regard to the work
performed by (i) John Mythen and (ii) Desmond Weekes, in response
to a point raised by the Equality Officer at the final joint
hearing that the security elements, deemed by the Bank to be of
vital importance to the work of the Porters, were not as apparent
in these two jobs.

John Mythen's Work

(a) The delivery and collection of in-house post involves walking
through the entire building and into the offices of the
highest Bank Management i.e. Director General, several times
each day. He also delivers items brought by couriers. In
doing this work he must be constantly security conscious. He
must be vigilant for any unauthorised persons or unusual
occurrences and report them immediately.


The post distributed by him is of vital importance as large
cheques could be enclosed and all items must be delivered
without delay to the relevant person. To mislay, misplace, or
delay any item could have very serious consequences. In this
respect, the in-house deliveries in the Bank differ
considerably from internal deliveries in Commercial
Enterprises, Government Departments, etc.

(b) This job also carries the responsibility for the Vaults.
These Vaults are extensive and Mr. Mythen is responsible for
storing used cheques in appropriate places, according to date
of cheque, and always in strict numerical order for easy
recovery if required. He also allocates storage bays to
different Departments, on request, and must know at all times
where different items can be located. In addition, he
re-organises the storage of very old material and arranges
destruction of unwanted, obsolete papers etc.

(c) He is also available for special presentations during the day
when required.

Desmond Weekes' Work

(a) He lights fires in the offices of top Management Personnel.
As in the case of John Mythen, he goes into these offices
several times per day to check the fires etc. and must be
security conscious when going through the building. He must
be vigilant for any unauthorised persons or unusual
occurrences and report them. He must also ensure that the
fires are safe when he leaves the offices.

(b) He looks after the supplies of all gas cylinders used in the
building, particularly in regard to their safety (19 Supersers
are used in the different offices).

(c) There are 140 Fire Extinguishers in the building and he
ensures that they are all checked regularly by the maintenance
man whom he brings to every Extinguisher in the course of 3 -
4 days.

(d) He hoists and lowers the different flags over the building as
required.

(e) He is responsible for maintaining a sufficient coal supply (20
tons are delivered at a time).

(f) He is also available for special presentations, if and when
required.


The Bank stresses that all Porters are flexible as a result of
the Flexibility Agreement and the Banks take advantage of this
flexibility as and when required. The Bank is satisfied that
the work performed by each of the Porters is of equal value.

20. With regard to the Union's assertion that the work performed
by Desmond Weekes is similar in five aspects to the work of the
Cleaners, the Bank contends that it is clear from the details
submitted in the preceding paragraph that there are considerable
differences between his work and that of the Claimants which occur
on a frequent basis and which are of significant importance in
relation to the work as a whole.

21. With regard to transferability, the Bank stresses that this is
a condition of employment for Porters who are subject to transfer
in the same way as other Bank staff. It points out that since
May, 1988, six Porters have, in fact, been transferred. While the
Cleaners may apply for posts of Porter which are advertised in the
Bulletin, they are employed under different conditions of
employment and are not, therefore, subject to transfers in the
same way as Porters and other Bank staff.

22. The Bank points out that a number of the Comparators perform
more demanding work than that performed by the Porters and,
accordingly, are paid in excess of the Porters' rates. These
Comparators are the Head Porters, the Deputy Head Porters and the
Assistant Deputy Head Porter. In addition, a number of the
Comparators who are undertaking Porters' duties are paid in excess
of the Porters' rate of pay because they were allowed to retain
previous rates of remuneration. The Bank argues that these
Comparators are red circled and, therefore, there are grounds
other than sex in terms of section 2(3) of the Act for the Porters
concerned currently being paid this higher rate. (Details of the
remuneration paid to all the Comparators were supplied).

23. In conclusion, the Bank submits that it is clear from the
foregoing details that (i) there is no justification for the
payment of the same basic hourly rate of pay in respect of the
work performed by the Claimants and the Comparators; (ii) that
the different duties and responsibilities appropriate to the
different grades justify the existing differential in pay; and
(iii) that discrimination on the basis of sex does not exist
within the Bank's staffing structure.

CONCLUSIONS OF THE EQUALITY OFFICER:

24. The Union claims that the work performed by each Claimant is
like work in terms of section 3(a), 3(b) and 3(c) of the Act with
that performed by one or all of the named Comparators. To assess
this claim I examined the work performed by each Claimant and each
Comparator present at the time of the work inspection. Three of
the named Claimants were absent, for various reasons, but the work


normally performed by them was being performed by substitute
Cleaners and I inspected this work. Four of the Comparators were
absent but the work normally performed by them, was being
performed by other Porters and I inspected this work. Full
details of the jobs performed by the Claimants and the
Comparators, as submitted by the Union and by the Bank, are
contained at Appendices IV, VI VII and VIII.

25. Section 3(a) of the Act states that two persons shall be
regarded as employed on like work -

"where both perform the same work under the same or similar
conditions, or where each is in every respect interchangeable
with the other in relation to the work."

I consider that it is clear from the job descriptions at
Appendices IV, VI, VII and VIII that none of the Claimants
performs the same work under the same or similar conditions as any
of the Comparators nor is each in every respect interchangeable
with the other in relation to the work.

26. Section 3(b) of the Act states that two persons shall be
regarded as employed on like work -

"where the work performed by one is of a similar nature to that
performed by the other and any differences between the work
performed or the conditions under which it is performed by
each occur only infrequently or are of small importance in
relation to the work as a whole."

In the context of section 3(b) of the Act I considered firstly,
whether or not the work performed by any of the Claimants is
similar in nature to the work performed by any of the Comparators.
Having done so I am satisfied, for the reasons set out in
paragraph 27 following, that the work performed by none of the
Claimants is similar in nature to that performed by any of the
Comparators.

27. Having carefully considered the work performed by each of the
Claimants and the work performed by each of the Comparators, I am
of the view that only one Comparator, Mr. Desmond Weekes, performs
work which has any similarity to that performed by the Claimants.
Furthermore, having considered the totality of the work performed
by him, I am satisfied that the only aspects of his work which are
of a similar nature, are those which involve cleaning duties and
which are set out by the Union at paragraph 9. The other aspects
of his work involve the following:-


Lighting fires and ensuring they are safe, taking care of supplies
of gas cylinders with particular regard to their safety, ensuring that the 140 Fire Extinguishers are checked regularly and
accompanying the maintenance man in doing these checks, hoisting
and lowering the different flags over the building, maintaining
and storing a large supply of coal some of which he has to carry,
as required, to each fire several times a day, being available for
special presentations.

In my opinion, taking all aspects of his work into consideration,
it would not be reasonable for me to conclude that the work
performed by Mr. Weekes is of a similar nature to that performed
by any of the Claimants.

The work performed by the other Comparators is clearly of a
different nature to that of the Claimants. This is clear from the
job descriptions as detailed in Appendices IV, VI, VII and VIII.

28. In view of the above findings that the Claimants do not
perform work of a similar nature to that performed by any of the
Comparators, I am satisfied that the Claimants do not perform like
work in terms of section 3(b) of the Act to that performed by any
of the Comparators.

29. Section 3(c) of the Act states that two persons shall be
regarded as employed on like work -

"where the work performed by one is equal in value to that
performed by the other in terms of the demands it makes in
relation to such matters as skill, physical or mental effort,
responsibility and working conditions."

Eight Cleaners are employed at 34 College Green and 16 Cleaners
and One Supervisor are employed at 2 College Green. The two
Banks, and in particular the Bank at 2 College Green, cover very
large areas which include basements, a large variety of stairways,
long wide corridors, a large number of toilets, small kitchens,
canteens, extensive public areas, a large number of offices, board
rooms, meeting rooms, storage spaces, walk in safes, lifts, etc.
The total area of each Bank is divided between its quota of
Cleaners so that each Cleaner has a fair division of the work. It
was suggested to the Cleaners by Management that in order to
achieve total equity of work they should rotate between each job
but this was not acceptable to them as they preferred to remain on
a permanent basis in their own respective area. The work
performed by each of the Cleaners in her individual area is as set
out in the Union's descriptions at Appendix IV.

30. Having considered the work performed by each of the Cleaners,
I am satisfied that each of the 24 Cleaners performs like work
with each other in terms of section 3(c) of the Act.


31. A job description of the work performed by the Supervisor was
not submitted by either the Union or the Bank. A summary of the
work performed by her is as follows:-

- Supervises and checks the work of the Cleaners.
- Checks Attendance Book to see if all Cleaners have reported
for work. If some are absent she or the Head Porter arrange
for a substitute Cleaner to attend if there is time.
- Helps to clean areas of absent Cleaners where substitute
Cleaners could not be contacted in time.
- Checks every toilet in the Building and replenishes supplies
e.g. toilet rolls, soap etc. as required.
- Maintains a stock of cleaning requirements which she
requisitions from the Head Porter, viz. polish, cleaning
powders, floor cloths etc.
- Hands out cleaning requirements to Cleaners as required. (She
generally anticipates their requirements and brings them to
the work areas).
- Reports any faults or problems to the Head Porter.
- Allows time-off, holidays etc. to Cleaners, following
consultation with the Head Porter.
- Enters details concerning time-off, holidays, etc. into
Attendance Book.
- Performs cleaning if and when required.
- Ensures that Cleaners have ample cleaning supplies when she is
going on leave as she is not replaced during her absences.

32. I next considered the work performed by the named Comparators.
In the course of the investigation, I ascertained that the
Comparators were not all in receipt of the same rate of pay. The
position is as follows:-

2 hold the positions of Head Porter (one in each Branch) and are
in receipt of a special rate for the job;
2 are in receipt of a Deputy Head Porter's allowance (one in each
Branch);
1 receives an Assistant Deputy Head Porter's allowance at 2
College Green;
4 in 2 College Green retain the Security Guards' rate on a
personal basis;
2 retain an allowance, discontinued for new staff, for
fire-lighting duties.
This in effect means that 15 are paid on the basis of the Porter's
12 point incremental scale. However, with the exception of the
Head Porters, Deputy Head Porters and Assistant Head Porter the
other 21 Comparators perform Porter duties.

33. I considered, in the first instance, the work performed by the
21 Comparators who perform Porter duties. Five are employed at 34
College Green and rotate on the different positions each month.


Sixteen are employed at 2 College Green, either in specific
positions or as "lobs" performing any of the set positions during
the absence of Porters generally employed in those positions. The
duties performed by the 21 Comparators concerned are listed in the
job descriptions furnished by the Bank and the Union, copy at
Appendix VII. Having considered the work performed by each of the
21 Comparators in question, I am satisfied that each of them
performs like work with each other in terms of section 3(c) of the
Act.

34. As each of the Claimants perform like work with each other and
as each of the Porters performs like work with each other in terms
of section 3(c) of the Act, it is sufficient for the purposes of
the comparison to concentrate on the work performed by any one of
the Claimants and compare it with the work performed by any one of
the Comparators. However, I decided to choose one Claimant from
each of the two Branches and to compare their work with the work
performed by Mr. Desmond Weekes, employed at 2 College Green. The
Cleaners I have chosen are Ms. Teresa Colgan employed in the Bank
at 34 College Green and Ms. Marie Wynne employed in the Bank at 2
College Green. My analyses of the work, performed by these 2
Cleaners and Porter, under the headings mentioned in section 3(c)
of the Act are set out in Appendix X.

35. Having analysed and compared the work performed by Ms. Colgan
and Ms. Wynne with that performed by Mr. Weekes, I am satisfied
that the work performed by them is not like work in terms of
section 3(c) of the Act with that performed by Mr. Weekes. In
summary I found -

(i) that the work performed by Teresa Colgan is equally demanding
to that performed by Desmond Weekes in terms of physical and
mental effort but is less demanding than his work in terms of
skill, responsibility and working conditions; and

(ii)that the work performed by Marie Wynne is equally demanding to
that performed by Desmond Weekes in terms of mental effort and
working conditions but is less demanding than his work in
terms of skill, physical effort and responsibility.

It is clear that the overall demands of the work performed by Mr.
Weekes are greater than those of the work performed by Ms. Colgan
or Ms. Wynne and in my opinion the level of the differences of
demands is such that the work performed could not be regarded as
being equal in value in terms of section 3(c).

Consequently, I am satisfied that none of the Cleaners performs
like work in terms of section 3(c) of the Act, with that performed
by the 21 Comparators employed on Porter duties.


36. In the case of the remaining five comparators, I am satisfied
that the work performed by the two Head Porters, the two Deputy
Head Porters and the Assistant Deputy Head Porter is more
demanding than that performed by the 21 Comparators whose work I
have found to be more demanding than that performed by the
Cleaners. Consequently, a like work situation does not exist
between the Cleaners and these five Comparators.

37. I next considered the work performed by Ms. Agnes Sherwin,
Supervisor, and compared it with the work performed by Mr. Desmond
Weekes in terms of skill, physical effort, mental effort,
responsibility and working conditions. My analysis of her work
under these headings is set out in Appendix X.

38. Having analysed and compared the work performed by Ms. Sherwin
with Mr. Weekes, I found, in summary, that the work performed by
Ms. Sherwin is more demanding than that performed by Mr. Weekes in
terms of skill and mental effort, is equally demanding in terms of
responsibility and is less demanding than his in terms of physical
effort and working conditions. Having carefully considered the
overall demands of their work I am satisfied that the work
performed by Ms. Sherwin is equal in value in terms of section
3(c) of the Act with that performed by Mr. Weekes. Consequently,
I find that she performs like work with that performed by the 21
Comparators who perform Porter duties.

39. As stated in paragraph 32 six of the Comparators who perform
Porter duties are paid in excess of the Porter rate of pay. These
Comparators were allowed to retain their former rates on a
personal basis and I am satisfied that they have been red circled
on a non-discriminatory basis. Consequently, I am satisfied that
there are grounds other than sex within the meaning of section
2(3) of the Act to justify the difference between Ms. Sherwin's
rate of pay and their rates of pay. Consequently, Ms. Sherwin is
not entitled to the same rate of pay as these six comparators.

40. Having considered the work performed by the two Head Porters,
the two Deputy Head Porters and the Assistant Deputy Head Porter,
I am satisfied that their work is more demanding than that
performed by the other 21 Comparators and by Ms. Agnes Sherwin.
Consequently, a like work situation does not exist between Ms.
Sherwin and these five Comparators.

RECOMMENDATION:

41. In view of my conclusions in the preceding paragraphs and
having regard to section 8(5) of the Act, I am satisfied that Ms.
Agnes Sherwin, Supervisor, is entitled to the same basic hourly
rate of pay as paid to the Porters who are paid solely in
accordance with the 12 point incremental Porters' scale, with
effect from 28th April, 1986 viz. three years before the date on
which the dispute was referred under section 7 of the Act to the


Equality Officer. Ms. Sherwin has been a Supervisor for 7 years.
I note that when the Porters were being assimilated onto the
incremental scale those with 4 - 7 years service were assimilated
onto point 6 of the scale. I recommend, therefore, that Ms.
Sherwin be paid the hourly rate appropriate to point 6 of the
scale with effect from 28th April, 1986 and should progress on the
incremental scale on the same basis as the Porters.

42. I am also satisfied that the 24 Claimants who are performing
cleaning duties do not perform like work with that performed by
any of the named Comparators and are not entitled, therefore, to
the same basic hourly rate of pay as any of them in respect of
their work.


___________________
Eveta Brezina
Equality Officer
23rd November, 1989.


APPENDIX I

CLAIMANTS COMPARATORS
CLEANERS in in 34, College Green
34, College Green

Gerry Healy - Head Porter
Christine Maguire Bernard Lawless - Deputy Head Porter
Teresa Colgan Bernard Doyle
M. O'Neill Jimmy Kirby
Una Carroll Johnny Creighton
Susan Petit Demange Jimmy Byrne
Nuala Owens Norman Wolfe
Bridie Hughes
Anna Cleary


CLEANERS in COMPARATORS in
2, College Green 2, College Green


Judy Genockey Jimmy Murphy - Head Porter
Mary Rafferty Christopher McLoughlin - Deputy
Sadie O'Connor Head Porter
Patsy O'Leary
Angela Kelly Dermot Comerford - Assistant Deputy
Bernadette Coleman Head Porter
Marie Murphy John Grace
Alice Duff Kevin Norman
Margaret Nolan Peter Behan
Josie Roches John Mythen
Rosaleen O'Reilly Sylvester Fox
Mary Mulligan Desmond Edge
Mary O'Reilly Dermot Sheeran
Mary White Martin Cunningham - Has Fire Lighting
Molly
Morris Allowance
Marie Wynne Val Dilution
Paddy Ward - On Security Rate
Michael Whelan - Has Fire Lighting
SUPERVISOR in Allowance
2, College Green Desmond Weekes
John Dean - On Security Rate
Agnes Sherwin James Doyle - On Security Rate
James Geraghty
Leslie Norman - On Security Rate


APPENDIX II

Details of the Equality Officer's Investigation

A dispute on behalf of 23 Cleaners and 1 Supervisor employed in
the branches of the Bank of Ireland at 2 and 34 College Green, who
were seeking the same hourly basic rate of pay as 14 named Porters
employed at the same two branches, was referred by the Union to
the Equality Officer on 28th April, 1989. On 16th August, 1989,
with the agreement of the employer, one further claimant and
twelve additional porters were added to the claim.

A preliminary hearing was arranged for 15th June, 1989, the
earliest date suitable for both parties.

At the hearing, it was arranged with both parties, that the
submissions including job descriptions, would be ready by 11th
August, 1989, and that the work inspection would commence on 22nd
August, 1989 at 34 College Green and on 25th August, 1989 at 2
College Green.

The job descriptions and submissions were received from the Bank
on 11th August, 1989 and from the Union on 17th August, 1989.
Copies of all documents were exchanged between the parties on 17th
August, 1989.

Representatives of the Bank and the Union accompanied the Equality
Officer during the inspection of the work performed by the
claimants and the comparators at 34 College Green on 22nd and 23rd
August and again on 11th September, to see the work performed by 2
claimants and 2 comparators who had been on annual leave in
August; and at 2 College Green on 25th, 28th, 29th and 30th
August, 1989.

Additional information was sought from both parties following the
work inspection and this was received by the Equality Officer from
the Bank on 28th September, 1989 and from the Union on 4th
October, 1989. It was exchanged between the parties on 4th
October, 1989.

A joint hearing was held on 9th October, 1989. Neither party
wished to submit any further information following the hearing.


APPENDIX III

Porters Effective Date:
Wage Scales 1.3.1989

w.e. 1.3.1988 w.e. 1.3.1989

1. #155.38 #159.69
2. #157.72 #162.07
3. #160.05 #164.45
4. #162.38 #166.83
5. #164.93 #169.43
6. #167.43 #171.98
7. #169.98 #174.58
8. #172.48 #177.13
9. #175.04 #179.74
10. #177.54 #182.29
11. #181.38 #186.21
12. #184.44 #189.33

PART-TIME PORTERS

Porters employed on a part-time basis should be paid according to
Point 1 of the current Porters Scale.

APPENDIX IV
(Page 1)

JOB DESCRIPTION SUBMITTED BY THE UNION
IN RESPECT OF CLEANERS AT 34, COLLEGE GREEN

The cleaners perform a full cleaning service to the Bank. This
involves dusting and polishing desks, furniture and brasses;
washing floors, toilets and small canteen areas - including marble
floors; hoovering carpets and collecting office refuse in bags
for removal from the building.

All cleaners are assigned to particular areas to ensure an even
workload, but all assigned areas involve some carrying of cleaning
equipment e.g. hoovers and/or buckets and mops.

There are minor differences between the claimants in the two
branches, as follows:

2 College Green

have keys for locations being cleaned,
all have cleaning in 'secure' areas,
supervisor controls materials and checks
work done.

34 College Green

no requirement for keys for access,
Head Porter controls materials.

APPENDIX IV (contd.)
(Page 2)

JOB DESCRIPTIONS AS SUBMITTED BY UNION
OF WORK PERFORMED BY CLEANERS AT 2 COLLEGE GREEN

Each of the Claimants performs the following duties in her own
work area:-

1. Empty bins
2. Dust and polish
3. Hoovering
4. Brasses
5. Skirtings

In addition each of the claimants performs the following duties in
her own work area:-

Area 1 - Mrs. J. Genockey
Credit Department/Data Area

- Wash east corridor
- Clean glass panel doors
- Stairs
- Safes
Area 1 (contd.) - Miss M. Rafferty
Credit Department/Data Area

- Glass panel doors
- Wash East Hall

Area 1 (contd.) - Mrs. B. O'Connor
Credit Department/Legal Department
Shares Data Area

- Ladies Toilet
- Ladies Cloakroom
- Stairs

Area 2 - Mrs. P. O'Leary

Westmoreland Street
and Typing Pool

- Kitchen in Westmoreland Street
- Glass Panel Doors
- Safes in Westmoreland Street
- Stairs to Library
- Clean Library
- Front Stairs to Branches
- Toilets (East Hall)
- Ladies Toilets (off East Hall)

APPENDIX IV (contd.)
(Page 3)

JOB DESCRIPTIONS AS SUBMITTED BY UNION
OF WORK PERFORMED BY CLEANERS AT 2 COLLEGE GREEN

Area 3 - Mrs. A. Kelly (absent)
(performed by Alien Canny)

General Manager's Room
A.G.M. Dublin Central
La Touche Room
1 Board Room
Administration Manager's Room

- Glass Panel Doors
- Wash General Managers Corridor
- Back Stairs to Branches
- Manager's Toilet (La Touche)

Area 4 - Mrs. B. Coleman

Customers Service Area (MU-Z)
House of Lords
General Manager's Room
1 Board Room

- Wash corridor from Credit Department to Front Door
- Wash Night Watch
- Clean Glass Panel Doors
- Safes

Area 5 - Mrs. M. Murphy

Medical Department (Offices & Corridor)
Area Finance

- Glass Panel Doors
- Back Stairs
- Corridors off Ladies Toilets
- Ladies Toilets (Back Door)
- Showers
- Clean Banisters on Stairs
- Kitchen in Area Finance

Area 6 - Mrs. A. Duff

Commercial Area
Commercial Corridor

- Glass Panel Doors
- Wash Commercial Corridor

APPENDIX IV (contd.)
(Page 4)

JOB DESCRIPTIONS AS SUBMITTED BY UNION
OF WORK PERFORMED BY CLEANERS AT 2 COLLEGE GREEN

Area 7 - Mrs. M. Nolan

A.G.M.'s Rooms (2)
Swimming Pool (Training Centre)
Administration Rooms (2)

- Wash West Hall
- Iron Stairs
- Ladies Toilets
- Glass Panel Doors
- Stone Stairs & Passage Way outside Toilets

Area 8 - Mrs. J. Roche

Personnel Department
Planning - Marketing Area
Photocopy Room

- Wash Corridor from Back Door to West Hall
- Wash Mosaic Corridor and Stairs leading to Personnel Toilets
- Nightwatch

Area 9 - Mrs. R O'Reilly

Registration & Securities

- Glass Panel Doors
- Canteen Corridor
- Ladies Toilets (Canteen)
- Registration and Securities Toilets

Area 10 - Mrs. M. Mulligan

Stationery
Bank Chambers
Maintenance Area

- Wash West Hall
- Wash Canteen Stairs
- Canteen in Maintenance Area
- Clean Tables in Cash



APPENDIX V

ANALYSIS, AS SUBMITTED BY THE UNION, OF THE WORK PERFORMED BY THE
CLAIMANTS

This is an analysis of the skill, physical effort, mental effort,
responsibilities and work conditions of claimants employed in the
B.O.I., 2 and 34 College Green, Dublin 2.

Skills:

1. Dexterity and knowledge concerning the operation of a vacuum
cleaner and polishers.

2. Knowledge of filling the towel machines in the cloakroom
areas.

3. Initiative concerning the most effective method of cleaning.

Physical Effort:

1. The claimants have to lift and carry vacuum cleaners and other
cleaning equipment from location to location.

2. Lifting files and other office equipment from desks in order
to clean them.

3. Emptying of bins, the movement of rubbish bags and movement of
heavy tables and chairs.

4. Cleaning work is very demanding physically when it is done on
a continuous basis.

Mental Effort:

1. The claimants must plan their work in order to cause the least
inconvenience to other members of the banking staff.

2. They must be totally familiar with the lay-out of 2 and 34
College Green.

3. They must constantly assess their cleaning requirements and
other supplies needed to carry out their duties.

Responsibilities:

It was also part of their duties to open the external door of the
adjoining premises. They must ensure that the toilets are
properly supplied with towels and toilet rolls and ultimately they
are responsible for the cleanliness of their areas. They must be
vigilant when emptying bins in certain areas to ensure that
documents and cheques are not dropped into the bin in error.


Working Conditions:

The claimants are on their feet all day, they are expected to
clean the urinals in the gents toilets, by hand. Cleaners have to
walk around the public road to get to some of their locations in
all weathers.


APPENDIX IV (contd.)
(Page 5)
JOB DESCRIPTIONS AS SUBMITTED BY UNION
OF WORK PERFORMED BY CLEANERS AT 2 COLLEGE GREEN

Area 11 - Mrs. M. O'Reilly

Student Office
Statements
Bureau de Change (Foreign Exchange)
Customers Service (GE-MO)
Deputy Head Porter's Office
Mail Room

- Glass Panel Doors
- Wash Hall

Area 12 - Mrs. M. White

Cash Control

- Wash Corridors in Cash Control
- Commercial Room off Safe Deposits
- Corridor off Safe Deposits
- Ladies Washroom
- Kitchen in Cash Control
- Safes and Treasury - one day each month
- Stairs in Transit Safe
- Hall in Transit Safe

Area 13 - Miss M. Morris

Customers Service (A-GA)
Note Room
Chancery
Cheque File
Safe Deposits

- Glass Panel Doors
- Wash Back Hall to Note Room
- Wash Cash Floor
- Toilets in Safe Deposits

Area 14 - Mrs. M. Wynne

- Wash One Side Cash
- Toilets in Printers (Mens)
- Personnel Mens Toilets
- Westmoreland St. Mens Toilets, Urinals & Showers
- Night Watch Toilets
- Security Mens Toilets
- Stairs in Printers
- Fill Trolley with Clean Towels
- Change Towels in all Toilets

APPENDIX VI
(Page 1)

SYNOPSIS SUBMITTED BY THE UNION
OF DUTIES UNDERTAKEN BY THE PORTERS

34 College Green

Staffing consists of 1 Head Porter, 1 Deputy Head Porter and 5
Porters.

Head Porter

The Head Porter - who has a special rate - has a co-ordinating
role in insuring that all relevant duties are covered by the
Porters. To this end he is available for all areas as required.

Deputy Head Porter

The Deputy Head Porter is permanently assigned to the front door,
letting people in/out before official opening time and after
official closing time. During opening hours he maintains an
official presence at the open door. He also relieves the Head
Porter at holiday time. A premium of 10% over the basic porters
rate applies to this position.

Porter

Of the five porters, four are assigned to particular areas, with
the fifth man acting as the "lob" or floating person. This fifth
position is rotated on a monthly basis (Detailed Job Descriptions
are contained at Appendix VII and are the same as those submitted
by the Bank).

When assigned to a particular section, the day starts by bringing
up from the vaults all that is required by the section.

During opening hours the floor area is patrolled to keep an eye on
irregular occurrences. The presence of porters on the floor is
utilised by the Bank as a deterrent - they are not expected to
physically tackle anyone doing wrong, and the Bank premises are
monitored by video surveillance cameras.

They also check on stationery stocks e.g. lodgement slips etc.,
find staff members if requested, and carry money/stationery from
storage if necessary.

After closing they remain on call for moving things from their
section back to the vaults.

The fifth man cleans brasswork outside the bank, and does
deliveries which normally consists of bringing a cheque to another
branch for clearing or hand delivering letters. In the event of
holiday reliefs being employed, the temporary employee will tend
to be assigned to this position.

APPENDIX VI (contd.)
(Page 2)

SYNOPSIS SUBMITTED BY THE UNION
OF DUTIES UNDERTAKEN BY THE PORTERS

2 College Green

In this branch porters are permanently assigned to specific areas
and have clearly defined duties. The duties of the porter's
individual positions are contained in Appendix VII and are the
same as those submitted by the Bank.

While many of the positions have a requirement to "assist as
required by Head Porter", this in practice is a rare occurrence
and usually involves moving furniture or setting up a room e.g.
House of Lords, for a function.


APPENDIX VII
(Page 1)

JOB DESCRIPTION AS SUPPLIED BY UNION AND BANK

These job descriptions are in respect of the comparators who
perform specific duties. Porters on "lob" have no job
descriptions as they perform all the duties as required in the
absence of the other Porters.

HEAD PORTER - J. Murphy

Location West Hall

Reports to Assistant Manager - Premises

Normal Working hours 8.30 a.m. - 5.30 p.m.

DUTIES

(1) To ensure that an efficient Porter service is provided to all
areas in 2 College Green.

(2) To allocate duties and to ensure that all posts are filled
each day.

(3) To obtain temporary assistance if positions are not filled.

(4) To supervise all Porters, Security Guards, and Cleaning Staff
throughout the day, knowing where each staff member is
located and what duties he/she is performing.

(5) To implement instructions from Management.

(6) To implement agreements between Bank and Unions.

(7) To deal with all breaches of discipline and to report on same
to Management.

(8) To report immediately on any irregularities noticed by him or
brought to his attention.

(9) To ensure that all Porters sign off when work is finished.

(10) To ensure that preparations are made for functions.

(11) To remain in West Hall between 11.30 a.m. and 12.30 p.m.


APPENDIX VII (contd.)
(Page 2)

JOB DESCRIPTION AS SUPPLIED BY UNION AND BANK

DEPUTY HEAD PORTER - Christopher McLoughlin
No. 2 College Green


Location East Hall

Reports to Head Porter

Normal working hours 8.30 a.m. - 5.30 p.m.

DUTIES

(1) To supervise attendance records of all Porters, Security
Guards and Cleaning staff in the absence of Head Porter.

(2) To prepare wages for all Porters, Security Staff, and
Cleaning Staff and to make all necessary deductions, etc.

(3) To control and distribute tasks to "Duty Men" throughout the
day.

(4) To control use of meeting areas and to set them up as and
when required.

(5) To ensure that towels are replaced throughout the day.

(6) To provide vouchers for lunches and tea dockets for teas.

(7) To deputise for the Head Porter in his absence.

(8) To assist as required by the Head Porter.


APPENDIX VII (contd.)
(Page 3)



JOB DESCRIPTION AS SUPPLIED BY UNION AND BANK





DUTY MAN NO. 2 - (at 2 College Green): John Grace

Reports to: Head Porter

Normal Working Hours: 8.30 a.m. to 5.30 p.m.


DUTIES


(1) To collect refuse sacks and boxes and remove to yard.

(2) To clear "back door" area and deliver items to relevant
areas.

(3) To replace towels in toilet areas.

(4) To hand deliver URGENT letters only.

(5) To be available for special presentations between 11 a.m. and
3 p.m. (lunch 11.30 a.m. - 12.30 p.m.).

(6) To provide cover in Car Park between 12.30 and 1.30.

(7) To be available to the Deputy Head Porter for setting up
meetings, moving furniture, etc.

(8) To assist as required by the Deputy Head Porter.


APPENDIX VII (contd.)
(Page 4)


JOB DESCRIPTION AS SUPPLIED BY UNION AND BANK

ASSISTANT HEAD/CUSTOMER SERVICE 1 - Dermot Comerford
No. 2 College Green

Reports to: Head Porter

Normal Working Hours: 8.30 a.m.l - 5.30 p.m.

DUTIES

(1) To ensure that Customer Service areas (3 sections) are neat
and tidy and that there are adequate stocks of stationery in
all trays.

(2) To distribute books/cards from Book-safe by 9.30 a.m. and to
return them at 5 p.m.

(3) To remove Cash Boxes from Strongroom and distribute same,
ensuring the Note Room has its boxes/Trollies by 9.30 a.m.

(4) To assist in the movement of coin.

(5) To assist in the movement of Night Safe Wallets.

(6) To direct customers in the three sections throughout opening
hours.

(7) To transfer cash (notes and coin) to Department C.C. as
directed.

(8) To store cash boxes in the Strongroom during lunch hour and
to remove them in time for opening after lunch.

(9) To transfer all cash boxes to the Strongroom in the evening.

(10) To accompany Staff moving cash to or from the Note Room
during opening hours.

(11) To transfer coin to the Treasury.

(12) To assist as required in the three Customer Service sections.

(13) To deputise for Deputy Head Porter in his absence.


APPENDIX VII (contd).
(Page 5)

JOB DESCRIPTION AS SUPPLIED BY UNION AND BANK

CUSTOMER SERVICE (POST 2) - Kevin Norman
2 College Green

Reports to: Head Porter

Normal working hours: 8.30 a.m. - 5.30 p.m.

DUTIES

(1) To ensure that Customer Service Areas (3 sections) are neat
and tidy and that there are adequate stocks of stationery in
all trays.

(2) To distribute books/cards from Book-safe by 9.30 a.m. and to
return them at 5 p.m.

(3) To remove Cash boxes from Strongroom and distribute same
ensuring the Note Room has its boxes/trollies by 9.30 a.m.

(4) To ensure that adequate stocks of stationery are available in
all three sections.

(5) To assist in the movement of coin.

(6) To direct customers in the three sections throughout opening
hours.

(7) To transfer cash (notes and coin) to Department C.C. as
directed.

(8) To store Cash Boxes in the Strongroom during lunch hour and
to remove them in time for opening after lunch.

(9) To transfer all Cash Boxes to the Strongroom in the evening.

(10) To accompany staff moving cash to or from the Note Room
during opening hours.

(11) To transfer coin to the Treasury.

(12) To attend at R.D.S. as required.

(13) To assist as required in the three Customer Service sections.


APPENDIX VII (contd.)
(Page 6)


JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK




WESTMORELAND STREET - Peter Behan


Reports to: Head Porter

Normal working hours: 8.30 a.m. - 5.30 p.m.


DUTIES

(1) To ensure that the Office is neat and tidy and that there are
adequate stocks of stationery in all trays.

(2) To remove books/cards from the Strongroom and to replace them
in the evening.

(3) To collect cash boxes from Strongroom (Treasury) and to
return them in the evening.

(4) To ensure that basement in Bank Chambers is clean and tidy
and to put out refuse sacks for bin collection.

(5) To open and close Office door.

(6) To direct customers during opening hours.

(7) To deliver internal mail as instructed.

(8) To accompany staff moving cash to or from the Note Room.

(9) To assist as required by the Assistant Manager/Officer
Westmoreland Street.


APPENDIX VII (contd.)
(Page 7)



JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK






DUTY MAN NO. 3/IN HOUSE DELIVERIES - John Mythen
No. 2 College Green



Reports to: Head Porter

Normal working hours: 8.30 a.m. - 5.30 p.m.



DUTIES


(1) To check Vaults and to file items left for storage.

(2) To deliver Head Office Post to Back Gate by 10.15 a.m. and to
collect incoming bags.

(3) To collect, sort and deliver in-house post, attending at
openings at 11 a.m., 3 p.m. and 5 p.m.

(4) To be available for Special Representations between 11.45
a.m. and 12.30 p.m. and, if not required, to continue work in
Vaults.

(5) To clean out Vaults and arrange destruction of records as
directed (1.30 - 2.30 p.m. and 3.30 - 5.00 p.m.).

(6) To deliver post and registered port to Post Office at 5.10
p.m. (5.45 p.m. on Thursdays).

(7) To assist as required by the Deputy Head Porter.


APPENDIX VII (contd.)
(Page 8)




JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK







SAFE DEPOSITS - Sylvester Fox
No. 2 College Green


Reports to: Head Porter

Normal working hours: 8.30 a.m. - 5.30 p.m.



DUTIES


(1) To collect and distribute papers.


(2) To clean inside Safe Deposit area and Safe Keeping area as
required.


(3) To be available during opening hours.


(4) To assist with setting up and in the moving of furniture for
meetings as required by the Head Porter/Deputy Head.


(5) To assist as required by the Head Porter.


APPENDIX VII (contd.)
(Page 9)


JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK






DATA/REG. & SECS - Dermot Sheeran
No. 2 College Green

Reports to: Head Porter

Normal working hours: 8.30 a.m. - 5.30 p.m.


DUTIES


(1) To deliver the Computer Bags from the Back Gate to
Administration and Registration and Securities Department.

(2) To collect Credits and Batch output in Batch Centre and
deliver to Data Area.

(3) To deliver yellow bag from Data to Customer Service area.

(4) To take out books in Reg. & Secs. Department.

(5) To collect items for Batch Centre throughout the day and
deliver them to Data Preparation.

(6) To collect special presentation cheques and bring to Data
Preparation between 12 noon and 12.30 p.m. Deliveries to
Batch Centre between 12.30 and 12.45.

(7) To undertake special hand deliveries on behalf of Reg. &
Secs. Department.

(8) To post mail from Reg. & Secs. Department.

(9) To put away books in Reg. & Secs.

(10) To deliver computer bags to back gate.

(11) To assist as required by Head Porter.


APPENDIX VII (contd.)
(Page 10)



JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK






DUTY MAN NO. 1 - Val Dalton
No. 2 College Green


Reports to: Head Porter

Normal working hours: 8.30 a.m. - 5.30 p.m.


DUTIES


(1) To collect refuse sacks (including shredder) and boxes and
remove to yard.

(2) To deliver incoming post to "swimming pool" by 9 a.m.

(3) To take out ledger traysin Chancery.

(4) To deliver items from Chancery to Courts.

(5) To hand deliver URGENT letters only.

(6) To be available for special presentations between 11 a.m. and
3 p.m.

(7) To be available to the Deputy Head Porter for setting up
meetings, moving furniture, etc.

(8) To return ledger trays in Chancery.

(9) To assist as required by the Deputy Head Porter.


APPENDIX VII (contd.)
(Page 11)




JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK







FIRELIGHER/HEAD OFFICE - Michael Whelan
No. 2 College Green



Reports to: Head Porter

Normal working hours: 7 a.m. - 4 p.m.




DUTIES



(1) To clean out and re-light fires.

(2) To put out ash bins and refuse sacks for collection (twice a
week).

(3) To clean Pass Machines.

(4) To deliver letters/items from 2 College Green to Head Office
(10.30 a.m. - 11.30 a.m. and 3 p.m. - 4 p.m.).

(5) To undertake Special Representations/deliveries between 12.30
p.m. and 3 p.m.

(6) To assist as required by the Head Porter.


APPENDIX VII (contd.)
(Page 12)




JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK








FIRELIGHTER/YARD DUTIES - Des Weekes
No. 3 College Green


Reports to: Head Porter

Normal Working Hours 7 a.m. - 4 p.m.



DUTIES



(1) To clean out and re-light fires.

(2) To put out ash bins and refuse sacks for collection (twice a
week).

(3) To dust rooms with fires.

(4) To clean colonnade, forecourt, and back yards.

(5) To clean inside of railings (every day).

(6) To hose inside of railings (twice per week).

(7) To fill coal buckets and to bank all fires.

(8) To replace gas cylinders as required.

(9) To check in deliveries of coal and gas cylinders.

(10) To assist as required by the Head Porter.


APPENDIX VII (contd.)
(Page 13)


JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK





No. 1 - Gerry Healy

Head Porter

Location: 34 College Green
Report To: Manager - Administration
Normal Working Hours: 8.30 - 5.30

DUTIES


(1) To ensure that an efficient porter service is provided to all
areas in 34/35 College Green.

(2) To allocate duties and to ensure that all key posts are
filled each way.
(3) To obtain temporary assistance if positions are not filled.

(4) To supervise all porters throughout the day, knowing where
each porter is located and what duties he is performing.

(5) To implement instructions from management.

(6) To implement agreements between Bank and Unions.

(7) To deal with all breaches of discipline and to report on same
to management.

(8) To report immediately on any irregularities noticed by him or
brought to his attention.

(9) To ensure that all porters sign on at starting time and sign
off when work is finished.

(10) To ensure that preparations are made for functions.

(11) To remain at College Green door between 12.30 and 1.30 p.m.

(12) To complete weekly overtime and return same to
administration.


APPENDIX VII (contd.)
(Page 14)




JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK










No. 2 - Bernard Lawless


Deputy Head Porter

Reports to: Head Porter

Location: 34, College Green

Normal Working Hours: 8.30 - 5.30



DUTIES


(1) To control the College Green door from 8.30 a.m. to 10.00
a.m.

(2) To provide floor duty cover at College Green door during
opening hours.

(3) To control the College Green door from closing time to 5.30
p.m.

(4) To deputise for the Head Porter in his absence.

(5) To assist as required by the Head Porter.


APPENDIX VII (contd.)
(Page 15)




JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK







No. 3



Reports To: Head Porter

Location: 34 College Green

Normal Working Hours: 8.30 a.m. to 5.30 p.m.




DUTIES



(1) To ensure that all customer service areas are neat and tidy
and that there are adequate stocks of stationery in all
trays.


(2) To bring up cash/books/documents from safes.


(3) To provide floor duty cover during opening hours as directed
by the Heat Porter/Deputy Head Porter.


(4) To undertake general duties/deliveries as directed by Head
Porter/Deputy Head Porter.


APPENDIX VII (contd.)
(Page 16)





JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK








No. 4



Reports to: Head Porter

Location: 34 College Green

Normal Working Hours: 8.30 a.m. - 5.30 p.m.



DUTIES



(1) To ensure that all customers service areas are neat and tidy
and that there are adequate stocks of stationery in all
trays.


(2) To bring up cash/books/documents from safes.


(3) To provide floor duty cover during opening hours as directed
by the Head Porter/Deputy Head Porter.


(4) To undertake general duties/deliveries as directed by Head
Porter/Deputy Head Porter.


APPENDIX VII (contd.)
(Page 17)





JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK








No. 5



Reports to: Head Porter

Location: 34 College Green

Normal Working Hours: 8.30 a.m. to 5.30 p.m.



DUTIES



(1) To ensure that all customer service areas are neat and tidy
and cleaning outside area and lobby.


(2) To bring up cash/books/documents from safes.


(3) To provide floor duty cover during opening hours as directed
by the Head Porter/Deputy Head Porter.


(4) To undertake general duties/deliveries as directed by the
Head Porter/Deputy Head Porter.


APPENDIX VII (contd.)
(Page 18)




JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK







No. 6


Reports to: Head Porter

Location: 34 College Green

Normal Working Hours: 8.30 a.m. to 5.30 p.m.



DUTIES




(1) Collects and sorts post from Andrew Street Post Office.

(2) Delivers post to 2, College Green.

(3) Collects and sorts Post from 2 College Green.

(4) Deliveries to/from Head Office as required.

(5) Special presentations.

(6) General Duties/deliveries as directed by the Head
Porter/Deputy Head Porter.


APPENDIX VIII

JOB DESCRIPTION, AS SUBMITTED BY THE BANK,
IN RESPECT OF THE CLEANERS

The typical cleaning duties undertaken by the claimants in each of
the locations are:

Dusting
Polishing
Washing Floor
Emptying Dust Baskets
Vacuuming
Cleaning Toilets

Such duties do not change from day to day, are repetitive and are
subject to supervision.


APPENDIX IX
(Page 1)

ANALYSIS AND COMPARISON OF THE WORK PERFORMED BY THE CLEANERS AND
PORTERS, AS SUBMITTED BY THE BANK

Cleaners Porters

Skill Skill

The Cleaning duties undertaking by The first person that the
them require the minimum of skill. Bank customer meets on
Vacuum cleaners, cleaning utensils entering the Bank is the
etc. are provided by the Bank. Apart Porter. This requires a
from the late evening opening one degree of courtesy,
day a week the Cleaners do not arrive diplomacy, tact,
at the Branch until after closing responsiveness and
time. They are not required to be in initiative. Alertness to
direct contact with customers. security is also
essential.

Responsibility Responsibility

Cleaners are responsible to have their Porters have a
specific area clean and tidy. Their responsibility in the area
daily work is supervised. The of security, access to
supervisor has the responsibility items of value e.g. cash
to ensure their work is of an and documents, postal
acceptable standard and reports in deliveries. Deadlines set
turn to the Head Porter. Each by the very nature of
Cleaner is responsible to ensure Banking business must be
her trolley is adequately stocked strictly met. The public
with material, towels etc. office must be kept tidy
and merchandising stands
must be fully stocked with
leaflets, brochures,
dockets etc. The level of
responsibility required is
such that a management
structure is required to
deal effectively with the
area covered by the
Porters. In fact the
Cleaning Supervisor also
reports into that
management structure.

APPENDIX IX (contd.)
(Page 2)

ANALYSIS AND COMPARISON OF THE WORK PERFORMED BY THE CLEANERS AND
PORTERS, AS SUBMITTED BY THE BANK
Cleaners Porters

Physical Effort Physical Effort
Vacuum cleaners and trollies Porters are responsible
require to be pushed by each for all furniture removals
Cleaner. Some stairs are climbed in the 2 Branches. and
the physical effort of mopping, Movement of the large
polishing are also involved. table and chairs in the
House of Lords is a common
occurrence to facilitate
meeting/functions etc.
Lifting coal in from the
yard to the fires and
distributing boxes of
stationery throughout the
Offices are among their
duties. Cash
boxes/trollies are
lifted/pushed from the
strongrooms and a special
service, to some
customers, of collecting
large quantities of coin,
is provided by the
Porters. Ash bins are
emptied, fires cleaned
out, and yard cleaner
operated by Porters.
Delivery of messages, post
etc carried out within an
outside premises. Flags
are raised and lowered
from the flag polls by the
Porters.

Mental Effort Mental Effort
Cleaners duties are clearly laid Porters must have good out
in advance by the Head Porter. memories, sharpness,
Duties are repetitive, not complex responsiveness and the
and do not change from day to day. facility to work within a
structured and sometimes
tight time-frame. They
are required to have the
flexibility to deal with
and react to emergencies.
Concentration and a
co-ordinated approach is
essential.


APPENDIX IX (contd.)
(Page 3)

ANALYSIS AND COMPARISON OF THE WORK PERFORMED BY THE CLEANERS AND
PORTERS, AS SUBMITTED BY THE BANK


Working Conditions Working Conditions

Cleaners have pleasant working When working internally
conditions in warm, well lighted Porters enjoy the same
areas. No external cleaning duties working conditions as
required of them. Cleaners. However much of
their internal working
hours are during opening
hours when Offices can be
full and busy with many
calls on their time.
Porters are required to
undertake external duties
in all types of weather
all year round, e.g.
postal deliveries,
messages, yard cleaning,
emptying of ashbins etc.
They are also subject to
transferability within
Dublin city.


APPENDIX X
(Page 1)

ANALYSIS, PREPARED BY THE EQUALITY OFFICER, OF THE WORK PERFORMED
BY TERESA COLGAN, CLEANER IN 34 COLLEGE GREEN

Skill

No particular education, training or experience is required for
the job of cleaning. On-the-job training of a day or two is
required to learn the operation of the polisher, the lay-out of
the Bank, the division of the premises for cleaning purposes, the
methods of cleaning the different areas viz. stairs, hallways,
corridors, canteen, furniture, toilets, etc. and the requirements
of staff members. Although she requires a relatively low level of
skill in her daily work she nevertheless requires (i) dexterity
and some knowledge concerning the movement, lifting and stacking
of furniture i.e. canteen tables and chairs and the operation of
the polisher; (ii) initiative and judgement concerning the most
effective and hygienic methods of cleaning the different areas and
the best times for the cleaning of these areas.

Physical Effort

In the course of her work Ms. Colgan cleans two large staff
canteens. Her work necessitates washing and polishing the floors
in these canteens every day and before doing so she has to move
aside the tables, which are quite heavy and lift the chairs, which
are also quite heavy onto the tables. There are approximately 16
tables in each canteen with 4 chairs per table. When the floor is
dry she polishes it with the use of a heavy polisher which
requires a substantial amount of physical effort to manipulate.
She then washes and dries the chairs and tables and replaces them
in the correct places. She also washes and polishes 2 long wide
corridors and 3 landings, she washes 2 toilets, Ladies and Gents
and the stairs to the first floor. In the course of her work she
lifts and pulls the polisher, carries buckets of water and other
cleaning equipment from area to area and up and down stairs. She
performs very demanding physical work on a continuous basis and
must remain on her feet during her entire working period.

Mental Effort

In performing her cleaning work, she must be continually conscious
of the time in order to keep within a set time pattern during
which particular jobs must be completed. She must remember which
cloths to use in the different areas for hygienic purposes and
must concentrate on the operation of the polisher to ensure it is
operating smoothly and that she is not leaving any parts of the
floor unpolished. She also checks her cleaning requirements
occasionally to avoid running short during the course of her work.


APPENDIX X
(Page 2)

Responsibility

Teresa Colgan is responsible for (i) the cleanliness of the area
allocated to her; (ii) ensuring that the toilets are stocked and
that clean towels are in place; (iii) ensuring that her supply of
cleaning materials is sufficient for her work; (iv) ensuring that
the polisher is used correctly; (v) ensuring that the tables are
cleaned in a hygienic manner with clean cloths; (vi) ensuring
that the floors in the corridor adjacent to the kitchen is not
slippery and hence a danger to serving staff.

Working Conditions

Most of her work is performed in an office environment. The work
in the toilets which involves washing the toilet bowls, urinals
and the floor is quite unpleasant. She is exposed to some hazards
involved in the operating of the polisher which if not handled
properly could injure her foot and there are also some hazards
involved in lifting and moving fairly heavy furniture, and
carrying buckets of very hot water.


APPENDIX X
(Page 3)

ANALYSIS, PREPARED BY THE EQUALITY OFFICER, OF THE WORK PERFORMED
BY MARIE WYNNE, CLEANER IN 2 COLLEGE GREEN

Skill

No particular education, training or experience is required for
the job of cleaning. On-the-job training of a day or two is
required to learn the operation of the vacuum cleaner, the lay-out
of the Bank, the division of the premises for cleaning purposes,
the methods of cleaning of the different areas, viz. stairs,
cash-office, brasses, toilets etc. and how to insert towels into
dispensing machines etc. Although she requires a relatively low
level of skill in her daily work she nevertheless requires (i)
dexterity and some knowledge concerning the operation of the
vacuum cleaner, the insertion of towels into dispensing machines,
initiative and judgement concerning the most effective hygienic
methods of cleaning the different areas and the best times for the
cleaning of these areas.

Physical Effort

Ms. Wynne requires physical effort for the following work:-

- loading a trolley with approximately 6 roller towels, a
bucket of water and cleaning equipment and pushing it along
long corridors as near as possible to each of five toilet
locations;
- carrying 1 or 2 towels and a bucket of water down and up
stairs into the different toilets where she replaces towels
in the dispensers on walls;
- washing floors, toilet bowls, urinals, wash-hand-basins,
tiles, mirrors, etc.
- filling, carrying and throwing a few buckets of water on the
passage in the basement outside the main Gents toilets to
wash down the drains;
- unloading dirty towels from trolley and placing them aside
for collection;
- vacuuming, washing and dusting one half of a large
cash-office;
- polishing all brasses in her area and emptying dust bins;
- sweeping and washing (once per two weeks) 4 flights of stairs
in Printers' Offices and cleaning a large office and 2 large
printing areas.
She must remain on her feet during her entire working period.


APPENDIX X
(Page 4)
Mental Effort

In performing her cleaning work, she must be continually conscious
of the time in order to keep within a set time pattern during
which particular jobs must be completed. She must remember which
cloths to use in the different areas for hygiene purposes and must
concentrate on the insertion of the towels around the different
rollers in the dispensing machines. When cleaning desks, etc. in
the cash office she must take care to return all items moved, for
cleaning purposes, to their proper places and must not mislay or
damage anything on the desks. When emptying waste-paper baskets
she must look into them to ensure that no cheque or other
documents could have fallen into them. She must check her
cleaning requirements occasionally to avoid running short during
the course of her work.

Responsibility

Marie Wynne is responsible for (i) the cleanliness of the area
allocated to her; (ii) ensuring that the toilets have clean
towels; (iii) ensuring that her supply of cleaning materials is
sufficient for her work; (iv) ensuring that the vacuum cleaner is
used correctly; (v) ensuring that all items removed from desks
etc. are returned to their proper places; (iv) checking the
waste-paper basket to ensure no items of value have fallen into
them.

Working Conditions

Some of her work is performed in an office environment but the
majority of her cleaning work is performed in the different
toilets. The work in the toilets generally which involves washing
the toilet bowls, urinals and floors is unpleasant and her
cleaning work in the basement toilet is particularly unpleasant.
There are some hazards involved in carrying the fairly heavy
towels and buckets of very hot water up and down stairs.


APPENDIX X
(Page 5)

ANALYSIS, PERFORMED BY THE EQUALITY OFFICER, OF THE WORK PERFORMED
BY AGNES SHERWIN, SUPERVISOR, IN 2 COLLEGE GREEN

Skill

Although no particular educational standards are required for this
job, the performance of the work does require the ability to read
and write. She also requires to be trained and experienced in
performing the work appropriate to each of the 16 Cleaners in the
Bank. To familiarise herself with the lay-out of the Bank, which
is extremely large, and with the work performed by each Cleaner,
would take at least 3 months. Although she does not require a
high level of skill in the performance of her daily work, she
nevertheless does require the following:- (i) knowledge
concerning the operation of the different vacuum cleaners, the
amount of cleaning materials etc. to be requisitioned, the
insertion of towels into dispensing machines, how to complete
entries in the attendance book, which substitute Cleaners to call
to replace absent staff etc.; (ii) communication and diplomacy
skills in training new staff and in dealing with her 16 staff and
with the Head Porter; (iii) supervisory skills; (iv) initiative
and judgement in dealing with problems concerning staff, the work
and the building; (v) dexterity for the performance of the work
generally.

Physical Effort

Ms. Sherwin's physical effort fluctuates in accordance with the
work she has to perform. When helping out with cleaning work she
undertakes the physical effort appropriate to that work, when
distributing cleaning requirements to the different Cleaners that
work also involves some physical effort. However, her work,
overall, does not require a high level of physical effort and when
not walking around the building checking on the work performed by
the different cleaners, she can be seated occasionally.

Mental Effort

As Supervisor she requires to be constantly alert in order to
check on the work of her staff, to deal with work or staff
problems, to consult with the Head Porter on matters affecting her
staff and their work, to complete entries in the attendance book
and to requisition cleaning requirements. When deputising for a
Cleaner she requires to exert the mental effort appropriate to
that work.


APPENDIX X
(Page 6)

Responsibility

As Supervisor she is responsible for her 16 staff and for the work
performed by them. She must ensure that the Attendance Book is
up-to-date, that new or substitute Cleaners know which work to
perform and how to perform it and that every Cleaner has
sufficient cleaning requirements to enable her to perform her work
without interruption. She is also responsible for checking what
is needed in every toilet in the building and replacing the
requirements e.g. toilet rolls, soap, etc. In addition she
reports any faults or problems to the Head Porter. When
performing cleaning work in the case of absent Cleaners for whom
it was not possible to get substitutes she takes on the
responsibilities appropriate to that work.

Working Conditions

Her working conditions depend on the work she is performing and
the part of the building in which she is working. However, in the
main her work is performed in an office environment. She
encounters some hazards in her work, e.g. when carrying buckets of
very hot water if and when required for a particular job and when
lifting or carrying vacuum cleaners up and down stairs.


APPENDIX X
(Page 7)

ANALYSIS, PERFORMED BY THE EQUALITY OFFICER, OF THE WORK PERFORMED
BY DESMOND WEEKES, PORTER, IN 2 COLLEGE GREEN

Skill
No particular education, training or experience is required for
the work performed by Desmond Weekes. However, the performance of
his work does require the ability to read and count. He must be
able to read coal delivery invoices and count that the correct
number of bags have been received. He must also be able to read
the addresses on envelopes if and when asked to do special
presentations. Although he requires a relatively low level of
skill in his daily work he nevertheless requires (i) judgement
when banking up fires and leaving them safe, (ii) initiative in
reporting suspicious persons etc. that he might encounter in his
trips through and around the building, (iii) knowledge of the
lay-out of the building and the location of all 140 Fire
Extinguishers, knowledge of the operation of the Supersers, as he
replaces all gas cylinders, and knowledge of the different flags
which he hoists as required; (iv) dexterity for lighting fires
and performing the various aspects of cleaning duties inside and
outside the building.

Physical Effort
Mr. Weekes requires physical effort for almost all his duties
which are as follows:
- sweeping with a heavy yard brush outside the building, viz.
colonnade, forecourt and back yards and also the coal house;
- hosing inside of railings around the Bank and Fosters Place,
often daily during the summer, but less frequently in the
winter;
- stacking bags of coal and, during the fire lighting time,
emptying coal into containers as required, placing containers
on trolley, 12 containers at a time, and pushing trolley as
close as possible to the rooms and then carrying the coal
into the rooms and banking up the fires - twice per day;
- carrying gas cylinders from the back gate and placing them
into the Supersers as required and bringing the used
cylinders to the gate for collection. (19 Supersers in the
building);
- hoisting and lowering flags (every day);
- placing ash bins and refuse sacks stacked in yard, outside
the back gate for collection (twice a week);
- moving furniture as required.
His work involves being on his feet all day.


APPENDIX X
(Page 8)

Mental Effort
When walking through the building delivering coal and gas
cylinders, or taking the maintenance man to fire extinguishers, he
requires to be alert for suspicious persons or unusual situations.
He must be conscious of the time in order to keep within a set
time pattern during which particular jobs must be performed e.g.
flags hoisted and lowered, fires banked etc. He must be alert to
ensure that supplies of coal and gas cylinders are maintained.

Responsibility

He is responsible for (i) ensuring that each fire is safe when he
leaves it; carelessness could result in the chimney going on fire
or the room catching fire; (ii) reporting suspicious persons or
occurrences; (iii) ensuring that there is an ample supply of coal
and gas cylinders; (iv) ensuring that all 140 fire extinguishers
in the buildings are checked regularly by the maintenance man;
(v) ensuring that he hoists the correct flags; (vi) ensuring that
the rooms in which he lights fires are clean and dust free as
these are the rooms of top Bank Management; (vii) because he has
free access to top Management rooms he must be trustworthy in so
far as the contents of the rooms e.g. important documents, cheques
for large amounts etc. are concerned.

Working Conditions

Some of his work is performed in an office environment but the
majority of the time he is working either in the coal house, the
yards or all around the outside of the building. The work in the
coal house is extremely unpleasant as the place is dirty, damp and
cold. He must wear overalls when working with the coal. The
hosing of Fosters' Place is also extremely unpleasant as night
loiterers tend to use it as a toilet. Cleaning rubbish from
behind the railings in all weather conditions is also unpleasant.
There are some hazards connected with his work e.g. the
possibility of a hold-up, working with fires and gas cylinders,
lifting and carrying heavy weights and the possibility of injury
to his back or limbs.


APPENDIX II

S. I. P. T. U.

BANK OF IRELAND & 24 CLEANERS
EP9/1989

SUBMISSION BY S.I.P.T.U.

ON BEHALF OF 24 CLAIMANTS

TO THE LABOUR COURT


CHAIRPERSON, MEMBERS OF THE COURT:


CLAIMANTS: 24 women cleaners - 8 employed in 34 College Green, 16
employed at 2 College Green, plus 1 Supervisor, Agnes Sherwin,
employed at 2 College Green.

The letter was the only claimant for whom equal pay was decided in
EP9/1989 - we are therefore appealing against that recommendation
for the cleaners, but seeking to uphold it in the case of the
supervisor.

The claimants work 22 hours per week at a flat rate of #3.91 per
hour, while the supervisor has #5.00 per week above that for her
supervisory functions.

The work performed by the cleaners covers a large floor space,
particularly in 2 College Green and consists of the provision of a
total cleaning service within the Bank premises. Each cleaner is
responsible for her allotted floor space, and the cleaners take
considerable pride in maintaining their floor space to their
personal standards of cleanliness, apart from the requirements of
the job.

Since the Equality Officer found that all the cleaners performed
"like work" with each other under Section 3(c) and, by agreement,
chose Marie Wynne (2 College Green) and Teresa Colgan (34 College
Green) as the representatives of the claimants, we have done
likewise in our submission.

COMPARATORS:

The Equality Officer found that of the 26 named comparators only
15 had their level of pay set on the 12 point incremental scale
ranging from #159.69 to #189.33 for a 40 hour week, the others
having extra payments for extra responsibilities such as Head
Porter, or being "red-circled" by carrying a security guard
allowance etc.


The Equality Officer in the course of the investigation identified
two comparators as having, perhaps, the least of the security
responsibility elements attributed to their duties by the Bank,
(page 16 of the recommendation) namely John Mythen and Desmond
Weekes, and we propose to use those comparisons as being
representative of the broader group, without prejudice to our
entitlement to make further comparisons, between other named
claimants and comparators.

SECTION 3 (B):

We do not argue Section 3 (a) but do believe that on page 19 of
her recommendation the Equality Officer did not deal with this
Section of the Act in accordance with principles which this Court
has itself set.

In Dowdall O'Mahoney (EP2/87) the Court said:- "It is the view of
the Court that it is the intention of Section 3 (B) to cover
claims from persons employed in such situations (similar work) as
opposed to persons employed on the same work, which is covered by
Section 3 (a) e.g., two bus conductors, or work that is not the
same or similar which is covered by Section 3 (c) e.g., a clerical
worker and a general worker."

The claimants and comparators in this case, are, by definition,
all Bank employees, providing a service to the Bank. Even if the
service differs within the Bank due to grading of other
considerations, we believe the situation is similar to Dowdall
O'Mahoney where the Court ruled the employees were all general
factory operatives, even if the claimants and comparators tasks
differed within that factory employment.

MISS JUSTICE MELLA CARROLL in the Teagase (ACOT) JUDGEMENT set out
clearly the requirements under Section 3 (B) when "similar work"
must be shown "if any differences are either infrequent or of
small importance to the work as a whole."

We accept that in this case the differences are not infrequent, it
leaves the Court with a decision to make as to whether the
differences are of "small importance to the work as a whole."

We do not argue that there is a clear and standard judgement that
the Court can apply, but, in C.M.P. Dairies Limited (DEP 2/90)
there is a clear basis of such judgement laid down by the Court
which went back to Dowdall O'Mahoney and said:-

"Deciding whether or not such differences are of small importance
to the work as a whole must be a matter of judgement. If the
Company itself has criteria for it's job classification which are
free of sex bias, the Court would consider those criteria."


This raises the question for the Court as to how the pay levels of
the cleaners and the porters evolved in the Bank, and as to
whether there is a sex bias-free job evaluation process which can
be quoted by the employer. We believe that the cleaners pay level
is calculated to be a little above the going rate for cleaners,
who are essentially female, and the J.L.C. Regulations for
industrial contract cleaners, who also are essentially female.

The porters rate if based on the rate of pay and conditions which
traditionally applied to a male breadwinner role, and while
greater equity might apply now, historically the rates are
basically sex-linked.

In Dowdall O'Mahony the Court went further in deciding the issue
of "small importance," by considering:-

"Whether or not these differences were of such importance that
they would normally be used as the basis for establishing a
different grade, salary scale, or rate of pay, irrespective of the
sex of the workers concerned."

DIFFERENCES IN THE WORK PERFORMED:

Since we are comparing the work performed by Teresa Colgan and
Marie Wynne as against John Mythen and Des Weekes, the differences
are reasonably easy to adduce.

JOB DESCRIPTION AS SUBMITTED BY UNION AND BANK


(a) DES WEEKES JOHN MYTHEN

1. To clean out and 1. To check vaults and to
relight fires. file items left for
storage.

2. To put out ash 2. To deliver H.O. Post
bins and refuse to Back Gate by 10.15 a.m.
sacks for collection and to collect incoming
twice weekly. bags.

3. To dust rooms with fires. 3. To collect, sort and
deliver in-house post
attending at openings at
11.00 a.m. 3.00 p.m. and
5.00 p.m.


4. To clean colonnade, 4. To be available for
forecourt and backyards. special presentations
between 11.45 a.m. and
12.30 p.m., and if not
required, to continue work
in vaults.

5. To clean inside of 5. To clean out vaults and
railings daily. arrange destruction of
records as directed (1.30
- 2.30 p.m. and 3.30 -
5.00 p.m.).

6. To hose inside of 6. To deliver post and
railings twice registered post to Post
per week. Office at 5.10 p.m. (5.45
p.m. on Thursday).

7. To fill coal buckets 7. To assist as required by
and to bank all fires. the Deputy Head Porter.

8. To replace gas cylinders
as required.

9. To check in deliveries
of coal and gas cylinder.

10. To assist as required by
the Head Porter.

JOB DESCRIPTIONS SUBMITTED BY UNION

MRS. M. WYNNE TERESA COLGAN

Wash one side cash. This claimant as part of
Toilets in Printers (Mens). of her duties at 34
Personnel Mens Toilets. College Street moves
Westmoreland Street Mens. heavy tables and chairs
Toilets, Urinals and everyday to clean the
Showers. Night Watch canteen, moving them back
Toilets. Stairs in when the area is cleaned
Printers. Fill Trolley in the East-wing and
with Towels. Change West-wing Canteens.
Towels in all Toilets.

While those tasks as performed by the cleaners and porter are not
the same, we would contend that they are similar in nature and of
small importance to the work as a whole, and the criteria then is,
under the Court's determination in Dowdall O'Mahoney, if the
differences would normally be used as the basis "for establishing
a different grade, salary scale, or rate of pay, irrespective of
the sex of the workers concerned."


There are two porters who are paid a fire lighting allowance, but,
Des Weekes is not one of them. Therefore, the Bank does not see
that element of his duties as being any way special in relation to
porters who do not light fires, bank fires or carry buckets of
coal to fires.

Would the tasks set out in 8, 9, and the additional tasks referred
to by the Equality Officer of accompanying the maintenance man on
his rounds of checking fire extinguishers periodically and of
raising and lowering flags, merit the establishment of a separate
grade, salary scale or rate of pay, if performed by a women? We
think not, and ask that the Court address this question.

SECTION 3 (C)

Not withstanding what has been said in relation to Section 3 (B),
this section would appear to be of more immediate relevance to our
claim.

We believe that our analysis of the work performed by the
claimants (Appendix V) clearly set out the extent of the tasks
performed by the women cleaners. The premises they cover include
basements, stairways, corridors, toilets, small kitchens,
canteens, public areas, offices, board rooms, meeting rooms,
storage spaces, walk-in safes, lifts etc. The necessity for high
standards of cleanliness are part-and-parcel of the Bank's image,
particularly in the public areas, board-rooms, meeting rooms etc.,
and the cleaners take a pride in maintaining such a high standard.

We believe that when comparing the work, an objective analysis of
the work performed by the cleaners as against the porters, and
particularly Des Weekes and John Mythen under the factors of
skill, responsibility, mental and physical effort and working
conditions, will show like work.

The porters perform a range of jobs with a range of value, which
all are regarded by the Bank as being equal in value and paid at
the same rate of pay, exclusive of, for instance, fire lighting
allowance. In Des Weekes case the tasks carried out as per the
job descriptions submitted by the Union and Bank detail in (2),
(3), (4), (5) and (6) jobs that are an integral part of the
cleaning service. In addition he cleans out and re-lights fires,
fills coal buckets and banks fires - tasks that are to covered by
the fire-lighting allowance paid by the Bank to other porters,
from which one might deduce that the operations is not one of
specific value to the Bank, to be paid in an extra allowance
terms.


He replaces gas cylinders as required and would obviously ensure
that the heaters were functioning safely, but, in the final
analysis he does not function in a maintenance capacity - that
being the area assigned to other employees. He checks in
deliveries of coal and gas cylinders, but again, this is
essentially a clerical and counting task rather than a personal
delivery task. He also accompanies the maintenance man in
checking fire extinguishers periodically and raises and lowers the
flags.

The final statement (10) is that he is available as required by
the Deputy Porter to assist - a General statement which is part of
the blanket descriptions of all porters, but, is not broken down
to details of those requirements on a day-to-day basis as the
Equality Officer saw them.

The tasks carried out by Teresa Colgan includes the manual
movement of heavy chairs and tables in the Canteens to allow her
to clean, and their replacement, on a daily basis, a heavy
physical task. The cleaning of 5 separate toilets, including the
hand cleaning of urinals, by Marie Wynne, must also rate highly,
not alone in physical effort, but unpleasant working conditions.
Each table or desk must be cleared of files and other equipment to
allow cleaning, and these must be replaced as they were on each
individual desk.

The Equality Officer (Page 24) found that the work performed by
Teresa Colgan to be equally demanding in terms of physical and
mental effort, with Des Weekes. Our assessment is that her work
is more demanding in terms of physical effort in that her work is
physically demanding for all the time she works while his is of a
lesser and more sporadic nature.

We find her work equally demanding in terms of mental effort with
his and also in terms of working conditions.

Marie Wynne similarly has particularly unpleasant working
conditions in regard to cleaning toilets (5), so bringing her
position to be rated at a higher level then his in relation to
working conditions.

The factors of skill and responsibility are obviously key elements
in this assessment and it is difficult to equate that appropriate
to both categories of workers. We accept that both Des Weekes and
John Mythen has particular skills that are appropriate to their
individual tasks. We believe the literacy skills required of
cleaners is a factor not taken into account by the Equality
Officer, but, nevertheless required to read instructions on use of
detergents, washing materials etc., and to be aware of


documentation in waste bins etc. which must be retrieved. Both
cleaners are competent to use cleaning appliances such as hoovers,
polishers etc. and are aware of hygiene requirement, i.e., which
cloths to use only in areas where food is prepared or eaten.
The area of responsibility in so far as both Des Weekes and John
Mythen are concerned was identified by the Equality Officer as
possibly the least of that attributed to the comparators as a
Group. Our view is that vigilance is shared equally by claimants
and comparators in the course of their work, as it is by all Bank
employees. We cannot, however, see it as an issue where the
demands are less on the cleaners than on the two comparators.

Our analysis, therefore, under Section 3 (c) would show Teresa
Colgan and Marie Wynne overall to have work demands that are at
least equal with those of the two comparators named, and we ask
that the Court so find in the course of their own investigation of
the facts of the case.

AGNES SHERWIN (SUPERVISOR)

On page 22 the Equality Officer summarises the work performed by
this claimant, and we would submit to the Court that it is quite
clearly work that is at least equal in value to that performed by
Des Weekes, as the Equality Officer points out in her analysis on
page 25.

We believe that this stands out quite clearly under the factors of
skill and mental effort to which we would add responsibility and
we would rate it equal in terms of physical effort and less under
working conditions.

We would ask that the Court uphold the recommendation in relation
to Agnes Sherwin.


APPENDIX III


BANK OF IRELAND SUBMISSION


Date and Time
of Hearing Thursday, 24th May, 1990 at 10.00 a.m.



Venue: Labour Court, Haddington Road



Issue Appeal against Equality Officer's
Recommendation



Parties: Bank of Ireland and
S.I.P.T.U. No. 15 Branch requesting 24
cleaners and a Supervisor



Bank Spokesperson: Tim O'Neill


For further information please contact:


Mr. T.J. O'Neill,
Manager - Staff Relations
Bank of Ireland
Head Office
Lower Baggot Street
Dublin 2.


Phone: 615933 Ext: 2707


BACKGROUND

On 4th January, 1989, I.T.G.W.U. No. 15 Branch served a claim on
behalf of 24 named part-time Cleaners plus one Supervisor attached
to our two premises at 2 College Green and 34 College Green, for
equal pay under the terms of the Anti-Discrimination (Pay) Act,
1974 with 14 named comparators who are full-time Porters attached
to the same two locations.

This claim was heard by an Equality Officer who issued her
recommendation No. EP9/1989 dated 23rd November, 1989. The
Equality Officer's recommendation concluded interalia that the 24
named claimants performing cleaning duties do not perform like
work with that performed by any of the named comparators and
consequently the claimants were not entitled to the same basic
hourly rate of pay as the comparators. A copy of the Bank's
submission to the Equality Officer is attached at Appendix I.

The Equality Officer also ruled that the work performed by the
supervisor, Ms. Sherwin was equal in value in terms of Section 3
(c) of the Act with that performed by the 21 comparators who
performs Porter duties.

GROUNDS OF APPEAL

The Bank accepts the Equality Officer's recommendation regarding
the 24 Cleaners but wishes to appeal against the decision
regarding Ms. Sherwin, the Supervisor on the grounds that, the
Equality Officer erred in law and in fact in holding that the Bank
was discriminating against the Supervisor within the meaning of
the Act.

The Bank would accept that there may be an issue to be addressed
regarding the Supervisor's rate of pay. However such an issue is
not an equality issue and should be therefore fall to be dealt
with under the Anti-Discrimination (Pay) Act, 1974. This matter
will be dealt with later in this submission.

BANK OF IRELAND 2 AND 34 COLLEGE GREEN

The Bank's Branch at 2 College Green has approximately 300 people
inclusive of Clerical, Security, Porter and Cleaning employees.
All the normal banking business is carried out at this location.
The premises also houses the Area Office together with the 2
Regional Offices responsible for the Branch network in the Dublin
area. The Banks' Branch at 34 College Green is situated across
the road from 2 College Green Branch. there are approximately 180
people attached to this location inclusive of Clerical, Porter,
Security and Cleaning employees. Again the normal banking
business is carried out in this location.


THE PAY STRUCTURE

The current pay scale for Porters, negotiated on an industry basis
for the Associated Banks is attached at Appendix II. Porters are
recruited on to the first point of the scale and progress annually
up the 12 point scale subject to satisfactory performance.
Porters are employed on a full-time basis and their basic weekly
hours are 39.

The Cleaners current rate of pay is #4.02 per hour. This rate of
pay is also negotiated on an industry basis for the Associated
Banks. All claimants are employed on a part-time basis and their
hours of work in College Green total 22 per week from 4 p.m. to
8.30 p.m., daily. In addition to the basic hourly rate the
following service pay arrangements apply to those employed for 20
hours per week or more.

After 4 years service #1 per week
After 8 years service #1.75 per week
After 12 years service #2.25 per week
After 16 years service #3.00 per week.

The work performed by the Cleaners and the Porters is not the
same, not performed under similar conditions and not
interchangeable in any respect. This position is upheld by the
Equality Officer in her recommendation No. EP9/1989.

EQUALITY OFFICERS JOB ANALYSIS

In her report the Equality Officer compares the work performed by
the Supervisor Ms. Sherwin with that performed by a Mr. Weekes,
Porter, chosen by the Equality Officer for comparison purposes.
On this point it should be said, that it is for the claimant to
choose her comparator not the Equality Officer. The Bank submits
the Equality Officer acted outside her jurisdiction in choosing
the Porter as a male comparator for the supervisor.

In comparing the work performed by both people the Equality
Officer found that the work performed by the Supervisor was

- more demanding in terms of skill and
mental effort
- equally demanding in terms of
responsibility
- less demanding in terms of physical
effort and working conditions.


Consequently the Equality Officer found that Ms. Sherwin's work
was equal in value in terms of Section 3(c) of the Act with that
performed by Mr. Weekes. The question that arises here is how
much more demanding and how much less demanding did the Equality
Officer find the work of the claimant and the work of the
comparator under the various headings. The Bank wishes to submit
the following comments for the Court's consideration.

SKILL

A summary of the skills attached to the Supervisor's job
(claimant) according to the analysis of the Equality Officer is as
follows:

- operating knowledge of vacuum cleaners
- insertion of towels into dispensing machines
- knowledge of what cleaning materials to be held in stock
- completion of attendance book
- call up of substitute Cleaners for sick leave etc
- communication of diplomacy skills
- supervisory skills, initiative and dexterity.

The following is a summary of the skills attached to Mr. Weekes
job (comparator) according to the Equality Officer's analysis.

- judgement regarding safety of fires
- initiative and alertness in security matters
- knowledge of building layout and location of 140 fire
extinguishers
- operating knowledge of supersers in replacing gas
cylinders
- knowledge of the different flags to be hoisted
- dexterity for lighting fires and performing internal and
external cleaning duties.

The Bank submits that the Equality Officer erred in fact in her
analysis of the skills attached to the Porter's job by not
including the following:

- operating knowledge of industrial sweeper machine used to
clean the yard of 2 College Green
- knowledge concerning the anticipation of requirements and
ordering of coal
- knowledge concerning the counting and verification of coal
deliveries accepting 6 tons of the coal at the one time.

If the Equality Officer had noted these additional skills, the
Bank submits that in the area of skill Mr. Weekes' work would be
found more demanding than that performed by Ms. Sherwin.


MENTAL EFFORT

In the area of mental effort the Equality Officer's analysis does
not account for the responsiveness and sharpness required of Mr.
Weekes in carrying out high daily duties very often in a tight
time frame. His daily routine does not follow a set pattern and
he must, if necessity, be flexible and reactive. Conversely, the
Supervisor's daily routine is straight forward and follows a set
pattern with the minimum disruption to that pattern.

The Bank submits that the Equality Officer erred in fact by
understating the level of mental effort in her analysis and
therefore erred in finding that the mental effort of the work
performed by Ms. Sherwin was more demanding than the work of Mr.
Weekes.

RESPONSIBILITY

In terms of responsibility the Equality Officer finds that the
work of Ms. Sherwin is equally demanding with the work of Mr.
Weekes.

The Bank submits that the Equality Officer erred in fact in her
findings in this regard. In her analysis of Mr. Weekes
responsibilities the Bank submits she overlooked the level of
responsibility attaching to the handling of items of value such as
cash, cheques, drafts, payments and documents through postal
deliveries both incoming and outgoing. The responsibility
attached to handling such items is significant and any lapse in
the carrying out of such duties could amount to significant loss
to the Bank. Should a similar such lapse occur with the cleaning
supervisor there is not loss that could accrue to the Bank that
would be of any such significance.

PHYSICAL EFFORT

In her analysis the Equality Officer states of the Supervisor's
role "her work overall does not require a high level of physical
effort and when not walking around the building checking on the
work performed by the different cleaners she can be seated
occasionally."

However, in her analysis of the comparators job the Equality
Officer states that "Mr. Weekes requires physical effort for
almost all his duties." While the Equality Officer found that the
work of the supervisor was less demanding than the work of the
Porter in terms of physical effort the Bank submits that the
difference is very substantial.


WORKING CONDITIONS

With regard to this heading the Equality Officer finds the
supervisor's work is performed, in the main, in a office
environment. However, the Equality Officer finds that, with
regard to the Porter "the majority of the time he is working
wither in the coal house, the yards or all around the outside of
the building. The work in the coal house is extremely unpleasant
as the place is dirty, damp and cold."

The Bank submits that the Equality Officer understated the
difference in the working conditions between the claimant and the
comparator. Her analysis clearly illustrates that the difference
is substantial.

Having regard to the foregoing comments the Bank submits the
Equality Officer's conclusion is wrong. It is not a question of
adding up the number of headings and finding two for, two against
and one even. The Bank submission has outlined that the overall
difference in demand under skill, physical effort, mental effort,
responsibility and working conditions is very substantial against
the supervisor's job. Because of this the Bank submits the
Equality Officer erred in fact in finding that the work performed
by the Supervisor is equal in value in terms of Section 3 (c) of
the Act with that performed by Mr. Weekes.

SUPERVISOR'S RATE OF PAY

Without prejudice to the above argument the Bank makes the
following comments on the Supervisor's rate of pay. During the
hearing with the Equality Officer the rate of pay attaching to the
Supervisor was referred to. It was stated that a weekly allowance
of #5 appeared small. This was the first occasion that the matter
of the Supervisor's differential was mentioned and the Bank
submits that while the differential may need to be looked at, the
issue is not an equality issue but one of what is a reasonable
differential in the context of the job.

Ms. Sherwin was appointed Supervisor on 24th April, 1980 when she
was paid a Supervisor's allowance of #4 per week. Following her
first year as Supervisor this allowance was increased in 1981 by
25% to #5 per week. The amount has not been adjusted since then
notwithstanding the subsequent increases in the cleaning rate in
the meantime. In 1981 when the Supervisor's allowance was #
the cleaning rate was #1.95 per hour. The current cleaning rate
is #4.02 per hour (an increase of 106%) which would suggest that
the Supervisor's differential should now be #10.30 per week.


The Bank is prepared to apply the revised differential which is
the more appropriate way to address the issue raised. Indeed, in
recognising that the initial differential should more
appropriately, have been linked to movement in the Cleaners rate
the revised Supervisor's rate will be implemented, retrospectively
to 1981.

CONCLUSION

The Bank argues that the Equality Officer erred both in law and in
fact in deciding that the Supervisor's rate of pay should be
linked to the Porters' wage scale. Notwithstanding this argument
the Bank is prepared to address the issue of the Supervisor
differential, which only arose on the day of the hearing.

The Bank feels this is the more appropriate way to address the
particular issue and members of the Court are respectfully asked
to find accordingly.


APPENDIX 1 A

BACKGROUND:

On 4th January, 1989 I.T.G.W.U., No. 15 Branch served a claim on
behalf of 23 named cleaners in our Branches at 2 College Green and
34 College Green, for equal pay under the terms of the
Anti-Discrimination (Pay) Act, 1974 with 14 named comparators who
are Porters at the same two locators.

The Bank rejected the Union's claim on 13th February, 1989 on the
basis that the staff employed in the two grades performed
different duties involving different levels of responsibility and
the rates of pay were reflective of this.

On 3rd May, 1989 the Bank was advised by the Labour Court that the
Union had requested an investigation into a dispute by an Equality
Officer.

On 15th June, 1989 a meeting took place with the Equality Officer
at which the Bank and the Union were represented.

The Union Official outlined that the claim was taken under clause
3(a), (b) and (c) of the 1974 Act. It was clarified that the
number of Cleaners involved in the claim was 24 and not 23 as
originally submitted.

The current pay scales for Porters in the Associated Banks is
attached at Appendix 1. Porters are recruited on to the first
point of the scale and progress annually up the scale subject to
satisfactory performance. Porters are employed on a permanent
full time basis and their basic weekly hours are 40.

The Cleaners who are the subject of the Union's claim are employed
on a permanent part-time basis for 22 hours per week. The hourly
cleaning rate is #3.80 and their daily routine is from 4 p.m. to
8.30 p.m. In addition service pay arrangements are as follows for
those employed 20 hours per week or more:-

After 4 years service #1.00 per week
After 8 years service #1.75 per week
After 12 years service #2.25 per week
After 16 years service #3.00 per week.


APPENDIX 1 B

BANK'S CASE

The Bank does not accept that the part-time Cleaners equal pay
claim is sustainable having regard to the respective duties and
responsibilities of the claimants on the and hand and of the
Porters on the other.

Job descriptions in respect of each of the Porters named as
comparators are enclosed at Appendix (ii) setting out the main
duties and responsibilities in each individual case. The typical
cleaning duties undertaken by the claimants in each of the
locations are:

Dusting
Polishing
Washing Floors
Emptying Dust Baskets
Vacuuming
Cleaning Toilets

The Bank contends that the Porters job descriptions and the duties
carried out by the claimants demonstrate clearly the difference
between jobs and justify the differential in pay which exists.

An integral part of the work of all Porters is attention to and
emphasis on security. This was agreed with the Union in 1978 when
a productivity agreement was concluded - see Appendix (iii).
Because Porters are in the Branches at 2 College Green, and 34
College Green during opening hours they are required to be on the
alert for any potential breach of security. They are also
required to have a high degree of customer contract and provide a
number of direct services to Bank customers. In such cases
Porters are expected to show initiative, courtesy and common sense
in their dealings with customers. Because the Porters are in the
public view and are interacting with customers both inside and
outside the Branch they are expected to convey an appropriate
image. In this regard they are provided by the Bank with a
uniform and other items of dress on a regular basis. The full
list of clothing items provided but the Bank is attached at
Appendix (iv).

The claimants on the other hand have no contact with Bank
customers and because their working hours coincide with the Bank's
period of closure to the public there is no requirement of them to
be extra security conscious. Items of protective clothing are
provided to the Cleaners.


APPENDIX 1 C

As part of their daily routine Porters are required to transport
items of value such as cash, coins, documents from
safes/strongrooms to the customer service/cashier area. Their
daily routine also includes postal deliveries, particularly items
such as special presentations to other Banks where dependability
and attention to deadlines are required.

On the other hand Cleaners are not required to nor do they come in
contact with, items of value or of a secure nature in the course
of their normal duties.

Collectively, sorting and delivering post, computer bags and items
of value are integral parts of Porters' duties. Letters must be
delivered on time to the correct area/section within College Green
and also to the likes of Head Office etc. Delays in the event of
a letter being lost or mislaid can have the potential to accrue as
a loss to the Bank. Records of deliveries etc. are therefore
retained to minimise such eventualities and Porters are required
to ensure such records are maintained to insure a level of
responsibility and accountability.

Cleaners are not required to engage in any duties that carry the
same level of responsibility or accountability.

Porters in 2 College Green are required as part of their daily
routine to undertake security duties in the Car Park during the
lunch period of Security Guards.

Section 3 (c) of the Act states that two persons shall be regarded
as employed on like work "where the work performed by on is equal
in value to that performed by the other in terms of the demands it
makes in relation to such matters as skill, physical or mental
effort, responsibility and working conditions."

On the basis of the factors set out in this section of the Act the
Bank submits the following comparison of both jobs which show
conclusively that both jobs are not of equal value.


APPENDIX 1 D

Cleaners Porters

Skill Skill

Apart from the late evening opening Because of the required
one day a week the Cleaners do not interact with Customers
arrive at the Branch until after the Porters must have a
closing time. They are not required high level of diplomacy,
to be in direct contact with tact, courtesy,
customers. The cleaning duties responsiveness and
undertaken by them require the initiative. Alertness to
minimum of skill. security and a common
sense approach are
essential. Porters are
easily recognisably in
uniform and must always
act in a manner
appropriate to an employee
of a Bank.

Responsibility Responsibility

Cleaners are responsible to have Porters responsible in the
their area clean and tidy. However area of security, items of
the supervisor ensures their work is value, e.g. cash and
of an acceptable standard and reports documents, postal
in turn to the Head Porter. Each deliveries is not
Cleaner is responsible to ensure her significant. Deadlines
trolley is adequately stocked with set by the very nature of
material, towels etc. Banking business must be
kept tidy and
merchandising stands must
be fully stocked with
leaflets, brochures,
dockets etc. The level of
responsibility required is
such that a management
structure is required to
deal effectively with the
wide area covered by the
Porters. In fact the
Cleaning Supervisor also
reports into that
management structure.


APPENDIX 1 E

Cleaners Porters

Physical Effort Physical Effort

Vacuum cleaners and trolleys require Porters are responsible
to be pushed by each Cleaner. Some for all furniture removals
stairs are climbed and the physical in the 2 Branches.
effort of mopping, polishing are also Movement of the large
involved. table and chairs in the
House of Lords is a common
occurrence to facilitate
meetings/functions etc.
Lifting in coal from the
yard to the fires and
distributing boxes of
stationery throughout the
Offices are among their
duties. Cash boxes are
transported from the
strongrooms and a special
service, to some
customers, of collecting
large quantities of coin,
is provided by the
Porters. Ash bins are
emptied, fires cleaned
out, and yard cleaner
operated by Porters.
Delivery of messages, post
etc carried out within and
outside premises. Flags
are flown, from the roof
tops by the Porters.

Mental Effort Mental Effort

Cleaners duties are clearly laid out Porters must have good
in advance by the Head Porter. Duties memories, sharpness,
are repetitive, not complex and do not common sense,
change from day to day. responsiveness and the
facility to work within a
structured time-frame.
They are required to have
the flexibility to deal
with and react to
emergencies. High level
of concentration required
and a co-ordinated
approach is essential.


APPENDIX 1 F

Working Conditions Working Conditions

Cleaners have pleasant working When working internally
conditions in warm, well lighted Porters enjoy the same
areas. Toilets are cleaned by the working conditions as
Cleaners and there are no external Cleaners. However much of
cleaning duties required of them. their internal working
hours are during opening
hours when Offices can be
full and busy with many
calls on their time.
Porters are required to
undertake external duties
in all weather all year
round, e.g. postal
deliveries, messages, yard
cleaning, emptying of
ashbins etc.


APPENDIX II


Revised pay rates for Porters, Security Guards, Mobile Bank
Drivers and Cleaners to give effect to the increases agreed
under the Programme for National Recovery





PORTERS



Present 1.3.90
(1.3.89)

# #

159.69 164.08
162.07 166.51
164.45 168.94
166.83 171.37
169.43 174.02
171.98 176.62
174.58 179.27
177.13 181.87
179.74 184.53
182.29 187.14
186.21 191.13
189.33 194.32