Labour Court Database __________________________________________________________________________________ File Number: CD92190 Case Number: LCR13731 Section / Act: S20(1) Parties: DUBLIN COUNTY COUNCIL - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION |
A claim on behalf of a meter reader/sampler who is seeking officer status with the Council.
Recommendation:
5. Having considered the submissions made by the parties the
Court, in the light of the well established pay relationship
between the meter reader/sampler, and having regard to the status
generally of those with whom he works the Court recommends that
the Council agree to a change in the status of the meter
reader/sampler post.
Division: Mr O'Connell Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92190 RECOMMENDATION NO. LCR13731
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECITON 20(1), INDUSTRIAL RELATIONS ACT 1969
PARTIES: DUBLIN COUNTY COUNCIL
and
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. A claim on behalf of a meter reader/sampler who is seeking
officer status with the Council.
BACKGROUND:
2. 1. There is one worker employed by the Council as a meter
reader/sampler. The worker was employed in 1977 and his work
now consists almost exclusively of sampling (details
supplied). The worker, in 1980, following a Rights
Commissioner's investigation, was paid the same rate as the
water and drainage inspector. The pay parity relationship
ended in 1983 when a restructuring took place of the water and
drainage inspector grade (details supplied). The first 4
points on the inspector and meter reader/sampler scales remain
similar but the ranges are different as a result of the
restructuring.
2. In 1990, agreement was reached between the Council and the
Union that "officer status" would apply to the grade of water
and drainage inspector. The Union by letter dated 10th June,
1991, submitted a claim for the granting of "officer status"
to the worker. The Council rejected the claim. The Union
referred the claim to the Labour Court under Section 20(1) of
the Industrial Relations Act, 1969. A Labour Court
investigation took place on 12th June, 1992.
UNION'S ARGUMENTS:
3. 1. The worker's job is unique in the Council. The worker is
now the only non-officer grade working at his level on general
water duties (details supplied). There is a well established
and close relationship between the worker and the water and
drainage inspectors. The general conditions of the worker's
job should now be brought back into line with those of his
colleagues thereby bringing all workers into the same
industrial relations system.
2. It has been agreed between the parties that an ongoing
relationship would be established with the water and drainage
inspector. In 1990 agreement was reached for the granting of
officer status to the water and drainage inspectors. The
worker's earnings and duties are comparable to officers and in
line with the criteria for officer status. The worker's job
will not alter significantly and will continue into the
future.
COMPANY'S ARGUMENTS:
4. 1. There is no pay parity relationship between the worker and
the grade of water and drainage inspector. The duties and
responsibilities associated with the grades are significantly
different. The first 4 points of their scales are similar
because of a request from the Union that the worker's wage
scale be linked to an existing Council scale. The Union
cannot now argue that this administrative convenience
establishes an analogous parity relationship between the
grades. The Labour Court (details supplied) has accepted that
no parity relationship applies.
2. The Council is satisfied that the worker's grade should
not attract officer status as the duties assigned are at a
level which would not attract it. Concession of the claim
would have enormous repercussive implications within the
Council (details supplied). The Council does not think that
decisions on Officer status are appropriate to the Labour
Court (details supplied). This issue is outside the normal
collective bargaining arrangements.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court, in the light of the well established pay relationship
between the meter reader/sampler, and having regard to the status
generally of those with whom he works the Court recommends that
the Council agree to a change in the status of the meter
reader/sampler post.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
7th August, 1992. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.