Labour Court Database __________________________________________________________________________________ File Number: CD91632 Case Number: LCR13543 Section / Act: S26(1) Parties: UNIVERSITY OF LIMERICK - and - MANUFACTURING SCIENCE FINANCE |
Dispute concerning the regrading of a worker.
Recommendation:
7. In the light of the submissions made by the parties the Court
accepts the Union's contention that the provisions of the Act
should not be used to frustrate the claim made by the worker which
was being processed when the Act came into operation.
It is the view of the Court that her grade should be determined by
the grade appropriate to the work she was doing prior to the
establishment of the University of Limerick and the dissolution of
Thomand College.
The Court therefore recommends that the parties seek the
assistance of the consultants who set up the original grading
structure in Thomand to assess the validity of her claim.
The Court further recommends that she proceed to work in whatever
post has been offered to her pending the outcome of this
assessment.
Division: Mr O'Connell Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD91632 RECOMMENDATION NO. LCR13543
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: UNIVERSITY OF LIMERICK
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Dispute concerning the regrading of a worker.
BACKGROUND:
2. The worker was originally employed as a senior secretarial
assistant at Thomand College of Education on 1st September, 1986
following an open competition. She was assigned to the Finance
Department and reported directly to the Finance Officer. Her main
areas of responsibility are for (i) College creditors (ii) student
fees (iii) computer imput (iv) administration of Higher Education
grants.
3. On 16th March, 1991, the Union lodged a claim, on behalf of
the worker, for upgrading to administrative assistant (a grade
higher than her present grade). The claim was rejected by the
College. The issue was then referred to the Labour Relations
Commission on 6th June, 1991. A conciliation conference was held
on 13th June, 1991. No agreement was reached on the dispute.
However, it was agreed to refer the issue back to local level as
legislation had been enacted abolishing Thomand College and
integrating its functions with Limerick University. The
integration took effect from 8th July, 1991 and Limerick
University took over responsibility for all Thomand College staff
who were redeployed. The worker was assigned to the College of
Engineering and Science. Further meetings were held at local
level at which the claim was rejected by the University
4. The parties requested a referral on 24th October, 1991 to the
Labour Court for investigation and recommendation under Section
26(1)(a)(b) of the Industrial Relations Act, 1990. A Court
hearing was held on 13th December, 1991. Further submissions were
sent by the parties to the Court subsequent to the hearing.
UNION'S ARGUMENTS;
5. 1. The worker has been carrying out duties and
responsibilities which are in excess of those carried out by
people of similar grades in other colleges (details supplied
to the Court).
2. The duties carried out by the worker are proper to the
grade of administrative assistant. She has carried out these
duties since 1986.
3. The worker should be regraded to administrative assistant
and absorbed into the University of Limerick structure at that
grade in accordance with the legislation which dissolved
Thomand College.
4. The University has argued that the claim falls to be dealt
with under clause 3 of the Programme for Economic and Social
Progress (P.E.S.P.) and, therefore, cannot be implemented
until 1993. This clause does not apply as this is a claim to
have the worker placed on her proper grade.
UNIVERSITY'S ARGUMENTS:
6. 1. The duties performed by the worker in Thomand College no
longer exist as the University has its own Finance Department
which has taken on these duties.
2. Thomand College was a much smaller organisation and the
duties performed by the worker were commensurate with her
grade.
3. Concession of the claim would have a serious knock-on
effect among others in the senior secretarial assistant grade
throughout the University.
4. The claim falls to be dealt with under clause 3 of
P.E.S.P. which sets a limit of 3% on awards negotiated locally
and stipulates that implementation in the public service may
not commence earlier than the 3rd year of the agreement (1993
in most cases).
RECOMMENDATION:
7. In the light of the submissions made by the parties the Court
accepts the Union's contention that the provisions of the Act
should not be used to frustrate the claim made by the worker which
was being processed when the Act came into operation.
It is the view of the Court that her grade should be determined by
the grade appropriate to the work she was doing prior to the
establishment of the University of Limerick and the dissolution of
Thomand College.
The Court therefore recommends that the parties seek the
assistance of the consultants who set up the original grading
structure in Thomand to assess the validity of her claim.
The Court further recommends that she proceed to work in whatever
post has been offered to her pending the outcome of this
assessment.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
7th February, 1992. Deputy Chairman
M.D./J.C.