Labour Court Database __________________________________________________________________________________ File Number: CD92435 Case Number: LCR13847 Section / Act: S26(1) Parties: OFFICE OF PUBLIC WORKS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim on behalf of assistant foremen and gardeners employed at the Botanic Gardens for an improvement in their grading structures.
Recommendation:
8. Having considered the submissions made the Court notes the
O.P.W.s offer which involves fitting gardeners into the general
wages structure applicable to other craft grades in the
Employment. In the opinion of the Court this is entirely
consistent with the explicitly stated proposals put forward in
L.C.R. 12789. Since grading structures in the O.P.W. and the
Corporation are different previous recommendations as regards
parity are no longer applicable. The Court therefore does not
recommend concession of the Unions claim and recommends that the
gardeners accept the structure as it generally applies to other
craftsmen in the O.P.W.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92435 RECOMMENDATION NO. LCR13847
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: OFFICE OF PUBLIC WORKS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim on behalf of assistant foremen and gardeners employed at
the Botanic Gardens for an improvement in their grading
structures.
BACKGROUND:
2. The Office of Public Works (O.P.W.) has always employed
gardeners at various locations such as Phoenix Park, Stephen's
Green, Muckross, Killarney and Glenveigh. On 1st January, 1992
responsibility for gardeners and assistant foremen employed at the
Botanic Gardens was transferred from the Department of Agriculture
to the O.P.W.
3. For the past 14 years gardeners and assistant foremen employed
at the Botanic Gardens have enjoyed a pay relationship with
gardeners employed by Dublin Corporation. Following the issue of
Labour Court Recommendation No. 12789 gardeners employed by Dublin
Corporation were recognised as craftsmen and a revised grading
structure was put in place (details supplied to the Court).
4. The O.P.W. concluded an agreement with its gardeners whereby
assistant head gardeners would go on the craft rate and head
gardeners and supervisors would merge into one grade to be called
craft chargehand grade. The same offer was put to the gardeners
employed in the Botanic Gardens. Assistant foremen would receive
the craft chargehand rate. The offer was rejected by the Union,
who claimed that assistant foremen be graded as supervising
craftsmen in the O.P.W. and gardeners be graded as craft
chargehands in the O.P.W. A common craft rate applies to all
craftsmen employed in the Public Sector. However, different
supervisory structures apply (details supplied to the Court). The
O.P.W. rejected the claim as the gardeners would be assimilated in
the supervisory structure at a higher level than their
counterparts employed elsewhere.
5. The dispute was referred to the Labour Relations Commission.
A conciliation conference was held on 18th June, 1992. As no
agreement was reached the Commission, with the consent of the
parties referred the dispute to the Labour Court for investigation
and recommendation under Section 26 of the Industrial Relations
Act, 1990. A Court hearing took place on 3rd September, 1992.
UNION'S ARGUMENTS:
6. 1. The duties and responsibilities of the gardeners involved
are over and above those of gardeners employed elsewhere,
particularly in the instruction of students/apprentices
(details supplied to the Court).
2. The expertise and knowledge of the workers have been
acknowledged by several bodies, such as Bord Failte and the
Royal Dublin Society, and independently.
3. Gardeners are required to supervise general operatives
assigned to their areas.
4. The work is unique to the Botanic Gardens.
OFFICE OF PUBLIC WORKS' ARGUMENTS:
7. 1. The duties of all gardeners employed by the O.P.W. are
broadly similar. The same recruitment standards apply to all
gardeners.
2. Concession of the claim would elevate gardeners to
supervisory positions with no gardeners to supervise.
3. Concession of the claim would have repercussive effects.
4. The O.P.W.'s offer is conditional that there is to be full
interchangeability among gardeners.
RECOMMENDATION:
8. Having considered the submissions made the Court notes the
O.P.W.s offer which involves fitting gardeners into the general
wages structure applicable to other craft grades in the
Employment. In the opinion of the Court this is entirely
consistent with the explicitly stated proposals put forward in
L.C.R. 12789. Since grading structures in the O.P.W. and the
Corporation are different previous recommendations as regards
parity are no longer applicable. The Court therefore does not
recommend concession of the Unions claim and recommends that the
gardeners accept the structure as it generally applies to other
craftsmen in the O.P.W.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
13th November, 1992. Deputy Chairman
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.