Labour Court Database __________________________________________________________________________________ File Number: CD91382 Case Number: AD9199 Section / Act: S13(9) Parties: DEPARTMENT OF EDUCATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Department against Rights Commissioner's Recommendation S.T. 83/91 concerning the regrading claim of a clerk/typist employed at Rosses Community School, Dungloe, Co. Donegal.
Recommendation:
5. The Court is satisfied that the agreement made in 1979 between
the Department of Education and I.T.G.W.U. which has national
application clearly applies to the claimant. The Court
accordingly upholds the appeal made by the Department.
The court so decides.
Division: Ms Owens Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD91382 APPEAL DECISION NO. AD9991
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: DEPARTMENT OF EDUCATION
COUNTY DONEGAL VOCATIONAL EDUCATION COMMITTEE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Department against Rights Commissioner's
Recommendation S.T. 83/91 concerning the regrading claim of a
clerk/typist employed at Rosses Community School, Dungloe, Co.
Donegal.
BACKGROUND:
2. In 1978, the Labour Court investigated a claim by the then
Irish Transport and General Workers' Union (I.T.G.W.U.) for parity
of pay and conditions for clerical employees in Community and
Comprehensive Schools with similar grades in the Vocational
Education Committees. The Court issued recommendation No. 4906
which states as follows:-
"Recommendation:
6. The Court finds in accordance with Clause 7(iii) of the
National Agreement that the rates of pay and conditions of
employment of the claimants are out of line with the standards
established for similar work in the V.E.C.'s and recommends
that they be brought into line with effect from 1st September,
1978".
Arising from this recommendation the parties held local
discussions and settlement proposals were issued by the Department
to the Branch Secretary of Union by letter dated 23rd April, 1979
as follows:-
"In implementing Labour Court Recommendation No. 4906, the
Department is prepared to upgrade the whole-time post in each
school in the 500 pupil category or over to the level of
Clerical Officer in the Vocational service and to accord
Clerical Officer status on a personal basis to the present
incumbents of the posts in the smaller schools.
Any vacancy occurring in an under 500 pupil school would be
filled by a Clerk-Typist. The schools in this category are -
Glenties Comprehensive School,
Carraroe Comprehensive School,
Clifden Community School,
Carna Community School,
Dungloe Community School,
Gweedore Community School.
Arrangements are in hands to pay the increases with effect
from 1st August, 1978".
2. In 1984, the worker concerned commenced employment as school
secretary at Dungloe Community School with the grade of
clerk/typist. Her predecessor as school secretary had held the
grade of clerical officer on a personal basis under the 1979
Agreement. The 1991 enrolment in the school is 460 students. The
Union claims that the worker concerned carries out the same duties
as her predecessor and should be regraded as a clerical officer.
The Department rejects the claim. The dispute was referred to a
Rights Commissioner who investigated it on 4th June, 1991 and
issued the following recommendation on 12th June, 1991:-
"RECOMMENDATION
I recommend that in the exceptional local circumstances
prevailing in this case that without prejudice to the
provisions of the 1979 Dublin based Agreement the claim is
conceded from 6/4/1991".
The Department appealed against the recommendation under Section
13(9) of the Industrial Relations Act, 1969. The Labour Court
heard the appeal in Letterkenny on 23rd October, 1991.
UNION'S ARGUMENTS:
3. 1. The worker concerned is carrying out the same duties of
school secretary as her predecessor who held the status of
clerical officer. The worker undertakes clerical officer
duties including the keeping of accounts and responsibility
for financial matters. The Department's letter of 11th June,
1979 (details supplied to the Court) concerning pay and
conditions of service states that duties grouped under the
heading "accounts" must be performed by the clerical officer.
The worker's application for re-grading has the full support
of the school's Board of Management.
2. The Department's defence rests mainly on an agreement
reached with the Dublin Branch Secretary of the I.T.G.W.U. in
1979. There is no evidence that a formal agreement was
reached and that the agreement applies nationally.
3. The arbitrary system of only appointing clerical officers
in schools which have enrolments of 500 or more students is
unfair. Dungloe Community School has an enrolment of 460 and
there is no significant difference between the duties and
workload of the worker here concerned and the duties and
workload of clerical officers in Community schools with
enrolments of 500 or more students.
DEPARTMENT'S ARGUMENTS:
4. 1. The 1979 agreement was negotiated on the basis that it
would apply nationally. The agreement provides that any
vacancy occurring in an under 500 student school would be
filled by a Clerk Typist. Among the schools mentioned
specifically in this respect is Dungloe Community School.
2. Dungloe school has never reached the 500 pupil threshold.
The present enrolment number is 460 and it is projected that
this number will decline to 286 in 1998.
3. All staff serving in Community and Comprehensive schools
have enjoyed the benefits of special pay increases in addition
to the various wage increases provided for under national wage
agreements. The present claim falls to be dealt with in
accordance with the Agreement on Pay and Conditions which
forms part of the Programme for Economic and Social Progress.
DECISION:
5. The Court is satisfied that the agreement made in 1979 between
the Department of Education and I.T.G.W.U. which has national
application clearly applies to the claimant. The Court
accordingly upholds the appeal made by the Department.
The court so decides.
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Signed on behalf of the Labour Court
Evelyn Owens
______________________
18th November, 1991. Deputy Chairman
A.S./J.C.