Labour Court Database __________________________________________________________________________________ File Number: CD92145 Case Number: LCR13732 Section / Act: S26(1) Parties: TEAGASC - and - MANUFACTURING SCIENCE FINANCE |
Rehearing arising out of Labour Court Recommendation No. 13273.
Recommendation:
5. In framing Recommendation No. 13273 the Court considered that
the same grade and allowance should apply to the head of
Research/Centre at both Oakpark and Johnstown Castle as to the
Head of Horticulture at Kinsealy. The grade recommended for the
Head of Horticulture was less than that sought by the Union and
once it was accepted by the Union the Court did not anticipate any
disagreement between the parties regarding the grades for the
other posts.
As no compelling arguments were advanced at the hearing to alter
the Courts original view, the Court confirms that its'
recommendation is that the same grade (i.e. Senior Principal
Officer, together with the allowance specified) should apply to
each of the three posts in question.
Division: Mr Heffernan Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92145 RECOMMENDATION NO. LCR13732
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: TEAGASC
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Rehearing arising out of Labour Court Recommendation No.
13273.
BACKGROUND:
2. The Labour Court in LCR13273, dated May 1991 (concerning a
dispute regarding changes to management structures) and in a
subsequent clarification recommended that an allowance of #4,000
should apply to the posts of Head of Horticulutre (Kinsealy) and
to Head of Research/Centre at Oak Park and Johnstown Castle. The
Union contends that as the salary scale applicable to Head of
Horticulture is that of Senior Principal Officer (SPO), the same
scale/grade should apply to Head of Research/Centre. The
Authority and Department of Finance reject this contention and
claim that no specific grade applies to the post of Head of
Research/Centre at Oak Park and Johnstown Castle. The grade and
pay scale of these posts are determined by the scientific merit of
the appointees.
The Labour Court investigated the dispute on 2nd July 1992.
UNION'S ARGUMENTS:
3. 1. It is imperative that a grade be established for the
post of Head of Research/Centre at Oak Park and Johnstown
Castle in order to prevent a situation whereby two different
salaries, because of scientific merit, apply to two identical
posts.
2. The Union contends that Senior Principal Officer is the
most appropriate grade applicable. The role of Head of
Research/Centre is very much a management one and would have
a far greater responsibility than that of Head of
Horticulture at Kinsealy. It is the Union's belief that it
was the intention of the Court in LCR13273, that the grade of
SPO + #4000 allowance be applicable to all three posts.
AUTHORITY'S ARGUMENTS:
4. 1. The Authority cannot accept that there are substantial
grounds for grading the post of Head of Research/Centre to
the same level as Head of Horticulture. The Head of
Horticulture has a greater responsibility which covers the
Authority's national programme and its educational/advisory
services, whereas the Head of Research/Centre is solely
responsible for research.
2. Due to the financial difficulties of the Authority, it
would not be in a position to meet the cost of funding, the
Union's claim.
RECOMMENDATION:
5. In framing Recommendation No. 13273 the Court considered that
the same grade and allowance should apply to the head of
Research/Centre at both Oakpark and Johnstown Castle as to the
Head of Horticulture at Kinsealy. The grade recommended for the
Head of Horticulture was less than that sought by the Union and
once it was accepted by the Union the Court did not anticipate any
disagreement between the parties regarding the grades for the
other posts.
As no compelling arguments were advanced at the hearing to alter
the Courts original view, the Court confirms that its'
recommendation is that the same grade (i.e. Senior Principal
Officer, together with the allowance specified) should apply to
each of the three posts in question.
~
Signed on behalf of the Labour Court
10th August, 1992 Kevin Heffernan
A.O.S./M.H. ------------------------------------
Chairman.
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Aoibheann Ni Shuilleabhain, Court Secretary.