Labour Court Database __________________________________________________________________________________ File Number: CD92195 Case Number: AD92181 Section / Act: S13(9) Parties: IRISH NATIONAL TEACHERS' ORGANISATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Organisation against Rights Comissioners Recommendation No. BC58/92 concerning a claim by the Union for an increase of 2.5% for three of its members.
Recommendation:
Having considered the views of the parties expressed in their oral
and written submissions, the Court considers that there are no
grounds for concession of the Unions's claim.
The Court accordingly rejects it and allows the appeal of the
Irish National Teachers' Organisation.
Division: MrMcGrath Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD92195 APPEAL DECISION NO. AD18192
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: IRISH NATIONAL TEACHERS' ORGANISATION
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Organisation against Rights Comissioners
Recommendation No. BC58/92 concerning a claim by the Union for an
increase of 2.5% for three of its members.
BACKGROUND:
2. The three workers concerned are employed as secretaries by
the Irish National Teachers' Organisation (INTO) and are the most
senior members of staff. Prior to June, 1991, the workers were in
receipt of percentage allowances ranging from 5%-12%. These were
similar to those enjoyed by personal secretaries to the officers
and were paid on the basis of responsibility.
On 21st June 1991 - on foot of a claim for a review of salaries
made by the Union in May, 1990 - the INTO made an offer to the
Union (Appendices 1 + 2). The Union was not satisfied that the
2.5% increase on the percentage allowances be awarded solely to
the personal secretaries to the officers and not to other members
who were already in receipt of such an allowance.
The Union accepted the offer without prejudice to its claim that
the 2.5% increase be extended to the three workers concerned.
The INTO rejected the claim and the dispute was referred to a
Rights Commissioner for investigation and recommendation. A
Rights Commissioner's investigation took place on 6th February,
1992 and the following recommendation issued on 20th February,
1992.
"Having investigated the matter and having given full and
careful consideration to the points made by both parties I
have come to the conclusion that the balance of equity would
lie in the workers benefitting from the payment of the 2.5%
increase from the 24th June, 1991. I recommend accordingly.
In making this recommendation I do so on the strict
understanding that the assurance given by SIPTU that it was
unaware of any other employee proposing to press a similar
claim is valid. My recommendation refers to the three named
ladies only and is in fact a "red circle" arrangement for
these three persons".
(The workers were named in the recommendation)
The Rights Commissioners recommendation was appealed to the Labour
Court, by the INTO, in accordance with Section 36(2) of the
Industrial Relations Act, 1990. A Labour Court investigation took
place on 21st May, 1992.
UNIONS ARGUMENTS:
3. 1. The Union claims that the percentage allowance was
originally paid to staff on the basis of responsibility and
did not solely apply to the personal secretaries to the
officers.
2. The responsibilities attached to the positions held by
the workers concerned have in fact increased over the years.
It was not indicated to the workers that they would not
receive increases in their allowances in line with their
colleagues.
INTO'S ARGUMENTS:
4. 1. The allowances paid are attached to posts with
particular classification and responsibility and it was
because of posts they held that the workers received the
allowance. It was not the intention that this allowance be
increased if a person was transferred to other posts within
the organisation.
2. The organisation acknowledges the increase in workload
over the years and this has been reflected in wage increases
received by all staff. There is no relation between this and
allowances paid to holders of particular posts of
responsibility.
DECISION:
Having considered the views of the parties expressed in their oral
and written submissions, the Court considers that there are no
grounds for concession of the Unions's claim.
The Court accordingly rejects it and allows the appeal of the
Irish National Teachers' Organisation.
~
Signed on behalf of the Labour Court
Tom McGrath
15th July, 1992 --------------------------
A.O.S./M.H.
Deputy Chairman