Labour Court Database __________________________________________________________________________________ File Number: CD91647 Case Number: LCR13589 Section / Act: S26(4) Parties: CITY OF DUBLIN V.E.C. - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the rate of pay of a chef in the College of Catering, Cathal Brugha Street.
Recommendation:
5. The Court does not find on the evidence submitted that
appropriate outside comparisons provide grounds for conceding
the Union's claim. However, the Court recognised a serious
anomaly in the situation where, as a result of allowances, the
general operatives, whose job is secondary, have more earnings
than the claimant.
The Court therefore recommends that the parties give serious
consideration to ameliorating or eliminating this anomaly. In
particular they should examine circumstances which could justify
more rapid progression through the scale for the claimant.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD91647 RECOMMENDATION NO. LCR13589
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: CITY OF DUBLIN V.E.C.
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the rate of pay of a chef in the College
of Catering, Cathal Brugha Street.
BACKGROUND:
2. 1. The worker is employed as a chef in the cafeteria of
the Dublin College of Catering, Cathal Brugha Street,
Dublin, which is operated by the City of Dublin Vocational
Education Committee. There are 2 other chefs employed by
the College.
2. The worker has 5 years' experience with the College
and applied for an increase in basic pay on 24th April,
1989. The dispute was subsequently referred to the
conciliation service of the Labour Court. Conciliation
conferences were held on 9th July and 20th October, 1990.
At the second conciliation conference, the College agreed
to discuss with the Department of Education the possibility
of paying the travelling and subsistence allowance paid to
general operatives to the chef. This was rejected by the
Department and the Union was informed of this by the
College by letter dated 9th July, 1991. The dispute was
referred to the Labour Court on 2nd December, 1991 and a
Labour Court investigation took place on 14th February,
1992, the earliest date suitable to both parties.
UNION ARGUMENTS:
3. 1. The worker is at mid point in his incremental scale
(£157.20 - £173.46). The Union contends that even if the
worker was on the highest point of the pay scale, his pay
would not reflect a fair rate for his training, experience
and the responsibility of his position in the College of
Catering. The average rate of pay for a chef in the
catering industry is £200 - £250 per week.
2. At conciliation, the Industrial Relations Officer put
forward a compromise position of travel and subsistence
allowances to be paid to the worker. It is inequitable
that the worker's earnings are below the earnings of the
general operatives/catering assistants he sometimes
supervises. The College has argued that these allowances
are only available to tradesmen and general operatives. It
is the Union's view that tradesmen are craftsmen and a chef
is a craftsman.
3. The Union has made great efforts over a considerable
period of time to find a solution to this claim. The Union
is seeking on behalf of the worker an increase in basic pay
to bring him into line with the industry generally. The
rate is below that of general operatives and does not
reflect the training, responsibilities and experience which
is required by the College of Catering.
COLLEGE ARGUMENTS:
4. 1. The 3 chefs at the College are of equal status and
they have no responsibility for supervising staff other
than occasionally supervising attendants involved in food-
preparation duties. The rate of pay for the worker
compares more than favourably with the pay of similar
categories in other educational institutions whose rates of
pay are set by the Department of Education (details
supplied). The rates of pay also compare favourably with
rates of pay of chefs in other third level colleges
(details supplied).
2. The Union has tried to argue that an anomaly exists
between the pay of the worker and that paid to general
operatives or other unskilled categories employed in the
College. The workers in the College do not have a pay
relationship with any outside body. If such a relationship
is to be established, then it should be with comparable
grades in other catering institutions. If the claim were
conceded it would have repercussive effects in other
educational institutions.
RECOMMENDATION:
5. The Court does not find on the evidence submitted that
appropriate outside comparisons provide grounds for conceding
the Union's claim. However, the Court recognised a serious
anomaly in the situation where, as a result of allowances, the
general operatives, whose job is secondary, have more earnings
than the claimant.
The Court therefore recommends that the parties give serious
consideration to ameliorating or eliminating this anomaly. In
particular they should examine circumstances which could justify
more rapid progression through the scale for the claimant.
~
Signed on behalf of the Labour Court
Kevin Heffernan
______________________
6th March,1992
J.F./N.Ni.M. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.