Labour Court Database __________________________________________________________________________________ File Number: CD92150 Case Number: LCR13649 Section / Act: S26(1) Parties: LOCAL GOVERNMENT COMPUTER SERVICES BOARD - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION |
Application to LGCSB personnel of the information technology allowance payable to civil servants.
Recommendation:
5. Having regard to the terms of the Civil Service Conciliation
and Arbitration scheme report upon which the Union bases its claim
the Court is satisfied that the circumstances obtaining presently
in the Board do not match the conditions attached to the payment
of such allowances. In the circumstances the claimants clearly do
not qualify for the allowance claimed. Accordingly the Court does
not recommend concession of the claim.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92150 RECOMMENDATION NO. LCR13649
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: LOCAL GOVERNMENT COMPUTER SERVICES BOARD
and
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Application to LGCSB personnel of the information technology
allowance payable to civil servants.
BACKGROUND:
2. The Computer Board organises and provides a service for the
supply of computer facilities for Local Authorities and related
bodies. It undertakes a similar role viz a viz its clients to the
role performed by the Central IT Services Section of the
Department of Finance in respect of the Civil Service. In 1990
agreement was reached for additional payments to be made to
certain executive officers and higher executive officers employed
in the Civil Service. These payments were introduced in
accordance with the terms of report number 1175 issued by the
general council of the Civil Service conciliation and arbitration
scheme. To qualify for the additional payments the workers were
required to have been engaged whole-time in the information
technology support/service area for a period of not less than two
years and possess special high-level skills/expertise essential to
the information technology area. In January, 1991 the Union
submitted a claim on behalf of 35 workers employed by the Computer
Services Board for payment of an information technology
allowance similar to that which was awarded to Civil Servants in
1990. The workers concerned are engaged whole-time in the
information technology area. The Computer Board rejected the
claim. The Computer Board claims that the allowance was
introduced in the Civil Service to arrest the substantial outflow
of personnel who had acquired skill/expertise in the information
technology area. Local level discussions failed to resolve the
issue and the matter was referred to the Labour Relations
Commission. Conciliation conferences were held on 21st January,
1992 and 26th February, 1992 and as no agreement could be reached
the matter was referred to the Labour Court on 9th March, 1992.
The Court hearing took place on 14th April, 1992.
UNION'S ARGUMENTS:
3. 1. The workers concerned, grades 4 to 7 are analogous for
pay purposes to executive officers and higher executive
officers in the Civil Service and perform similar duties in
similar circumstances. They meet the critia set down for
payment of the allowance in the Civil Service.
2. The Computer Services Board has suffered a loss of staff
with skills/expertise essential to the information technology
area similar to the loss of staff in the Civil Service. The
information technology allowance was introduced to prevent
this loss of staff. In the past when staff resigned Computer
Services Board Management stated they would like to pay the
information technology allowance.
BOARD'S ARGUMENTS:
4. 1. In the late 1980's there was a substantial outflow from
the Civil Service of personnel who had acquired a high level
of skill/expertise in the information technology area. To
arrest this haemorrhage and to ensure that such special
skills/expertise where retained to the benefit of the service,
the Civil Service Management agreed to a scheme of additional
payments for certain executive officers and higher executive
officers.
2. There is no similarity between the circumstances which
obtain in the Computer Services Board and those which
appertained in the Civil Service at the time of the
introduction of the additional payments. The Computer
Services Board does not have to contend with the loss of
considerable numbers of skilled staff in the relevant grades as happened in
Service and, therefore, one of the most important conditions
for the additional payment is not fulfilled.
3. The special skills/expertise acquired by the Civil
Service grades were prerequisites for recruitment to the posts
in the Computer Services Board and were taken into account
when the salary structures of the Board were put in place.
4. This claim is contrary to the terms of the Agreement on
pay and conditions of the P.E.S.P.
RECOMMENDATION:
5. Having regard to the terms of the Civil Service Conciliation
and Arbitration scheme report upon which the Union bases its claim
the Court is satisfied that the circumstances obtaining presently
in the Board do not match the conditions attached to the payment
of such allowances. In the circumstances the claimants clearly do
not qualify for the allowance claimed. Accordingly the Court does
not recommend concession of the claim.
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Signed on behalf of the Labour Court
John O'Connell
13th May, 1992 ---------------
F.B/U.S. Deputy Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed
to Mr Fran Brennan, Court Secretary.