Labour Court Database __________________________________________________________________________________ File Number: CD91372 Case Number: LCR13418 Section / Act: S26(1) Parties: PRIVATE AGRICULTURAL COLLEGES - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of approximately 30 technicians for payment for their work while involved on short courses.
Recommendation:
5. The Court has considered the submissions made by the parties.
It has come to the conclusion that the extension of short courses
made no in roads into the time off of the technicians concerned
and for this reason does not consider that a claim for the same
payment is warranted. However it is clear that such short courses
do involve the technicians in additional work area for this reason
recommends that they be paid a sum of £100 per annum subject to
the same conditions as apply to Clause 3 Appendix A of the
P.E.S.P.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD91372 RECOMMENDATION NO. LCR13418
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: PRIVATE AGRICULTURAL COLLEGES
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of approximately 30 technicians
for payment for their work while involved on short courses.
BACKGROUND:
2. There are a number of Private Agricultural Colleges throughout
the country. During the summer months some of the Colleges run
what are known as "short courses." These courses are given by
agricultural teachers with the assistance of technicians. In
1990, the teachers were awarded through the Labour Court, an
ex-gratia payment in respect of their involvement in short courses
(L.C.R. 10554 refers). On 19th September, 1990, the Union claimed
a similar award on behalf of technicians. The Colleges rejected
the claim on the grounds that such work has always formed part of
the normal work of technicians. On 17th June, 1991, the matter
was referred to the conciliation service of the Labour Relations
Commission. No agreement could be reached at a conciliation
conference held on 21st June, 1991, and on 17th July, 1991, the
Commission in accordance with Section 26(1)(a)(b) of the
Industrial Relations Act, 1990, referred the matter to the Labour
Court for investigation and recommendation. The Court
investigated the matter on 23rd August, 1991.
UNION'S ARGUMENTS:
3. 1. The Colleges are well aware of the technician's input into
the short courses. Their input is exactly the same as that of
teachers. The technicians take their groups of students
through a practical course. The technician presents the
course and assesses the students.
2. The Union contends that it is unreasonable to treat one
group in a less favourable manner than another group given
that they are carrying out the same function. This is
unacceptable to the Union.
COLLEGES ARGUMENTS:
4. 1. Involvement in short courses has always been part and
parcel of the normal work of the technicians. They have
always accepted this as part of their normal duties. They are
paid for their short courses work in their basic salary.
2. Technicians, unlike teachers, have not suffered any loss
in their annual leave entitlements as a result of their
involvement in short courses. The annual leave entitlement of
teachers' was cut by 50%.
3. The technician's role is to assist the teacher in the
delivery of short courses. This assistance involves
preparation of equipment, machinery etc. for class delivery,
participation in class delivery and demonstration of skills
and equipment. It is the teacher who has overall
responsibility for the defining of course content and the
structuring of the short courses.
4. While the workers' concerned are employed by the Colleges,
the Colleges are funded by Teagasc. Teagasc has indicated
that it is currently experiencing extreme financial
difficulties.
5. This claim falls to be dealt with under the terms of
Appendix A of the Programme for Economic and Social Progress.
Irrespective, therefore, of whether the claim is being pursued
under Clause 3 or 4 of Annex 1 to Appendix A, should any
concession be made on the claim it could have a direct effect
on any other claims the particular group of workers may wish
to pursue during the currency of the P.E.S.P., because all
such claims taken together have to be met within a cash limit
of 3% in 1993.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties.
It has come to the conclusion that the extension of short courses
made no in roads into the time off of the technicians concerned
and for this reason does not consider that a claim for the same
payment is warranted. However it is clear that such short courses
do involve the technicians in additional work area for this reason
recommends that they be paid a sum of £100 per annum subject to
the same conditions as apply to Clause 3 Appendix A of the
P.E.S.P.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
4th October, 1991. Deputy Chairman
B.O'N./J.C.