Labour Court Database __________________________________________________________________________________ File Number: CD90619 Case Number: LCR13479 Section / Act: S67 Parties: COUNTY DONEGAL VOCATIONAL EDUCATION COMMITTEE - and - MANUFACTURING SCIENCE FINANCE |
Dispute concerning the duties of two laboratory technicians at Letterkenny Regional Technical College.
Recommendation:
5. The Court having considered the submissions in this case
together with the independent assessor's report does not recommend
in favour of the Union's claim.
Division: Ms Owens Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD90619 RECOMMENDATION NO. LCR13479
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(4) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: COUNTY DONEGAL VOCATIONAL EDUCATION COMMITTEE
DEPARTMENT OF EDUCATION
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Dispute concerning the duties of two laboratory technicians at
Letterkenny Regional Technical College.
BACKGROUND:
2. The dispute concerns the washing and trolleying of glassware
in the biology section of the science department. The two
technicians concerned did this work until early, 1990. The Union
claims that they did this work only on a "goodwill" basis and were
free to withdraw from it at any time. The Union further claims
that the work is appropriate to laboratory assistants or cleaners.
Management claims that trolleying and washing of glassware is a
routine part of the technicians duties. No agreement on the issue
could be reached at local level discussions and the matter was
referred on 3rd April, 1990 to the then Conciliation Service of
the Labour Court. Conciliation conferences were held on 11th July
and 12th September, 1990, but no agreement was reached. The
dispute was referred on 30th October, 1990 to the Labour Court for
investigation and a hearing was held in Letterkenny on 28th
November, 1990. The parties agreed that an assessor should be
appointed to carry out a survey of the work of the two technicians
with the following terms of reference:-
"To determine the amount of time per week required of
technicians to wash glassware in the Biology section of the
School of Science in Letterkenny Regional Technical College."
The assessment was carried out by the Institute of Public
Administration (I.P.A.) during the period 29th April to 3rd May,
1991. The I.P.A. published the assessor's report on 27th May,
1991 (details supplied to the Court). Following the issue of the
report further local level discussions took place but no agreement
on the dispute could be reached. The Court held a further hearing
on the matter in Letterkenny on 23rd October, 1991.
UNION'S ARGUMENTS:
3. 1. Up to 1990 the technicians carried out glass cleaning
duties as a matter of "goodwill" in the absence of a
laboratory attendant. The increase in student numbers and
classes in recent years has reduced the technical content of
the technicians work and increased the washing and cleaning
duties. This situation was made more difficult by
management's requirement in 1989/1990 for technicians to carry
out extra trolleying of equipment between classes. The
situation eventually resulted in the Union requesting an
attendant or cleaner to cope with the increasing demand in the
cleaning and washing up area.
2. In the week the I.P.A. carried out the assessment 9 hours
and 23 minutes was spent washing glassware. A substantial
number of items were not washed. The assessment was conducted
on the last week of practical classes for the term and the
report does not reflect the true position for a normal school
week.
3. Washing of glassware is explicit in the job description of
Laboratory Attendant (details supplied to the Court). Nowhere
in the technicians conditions is the word glassware or
wash/washing stated. In other colleges washing of glassware
is carried out by either laboratory attendants or
glasswashers.
4. The technicians work of preparation of practical classes
is now of such a volume that the technicians concerned are
unable to carry out any washing of glassware. Management
should employ a person to carry out these duties.
MANAGEMENT'S ARGUMENTS:
4. 1. The disputed duties of trolleying and washing glassware
fall within the duties of laboratory technicians as detailed
in their conditions of appointment. The work has been done by
them in the past and is being done by technicians in the other
colleges.
2. The employment of an unskilled worker such as a cleaner
specifically for the washing of glassware is not acceptable.
A worker without any science background could cause damage
both to themselves and to the glassware.
3. The quantity of work in dispute only constitutes a small
fraction of the overall work of the technicians concerned.
The assessor's report states that a reasonable assessment of
glassware washing requirements would be of the order of six to
seven hours. The assessor carried out an on-site
investigation and issued an independent report.
RECOMMENDATION:
5. The Court having considered the submissions in this case
together with the independent assessor's report does not recommend
in favour of the Union's claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
________________
18th November, 1991. Deputy Chairman
A.S./J.C.