Labour Court Database __________________________________________________________________________________ File Number: CD92374 Case Number: LCR13814 Section / Act: S26(1) Parties: BORD BAINNE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of 6 laboratory technicians for regrading.
Recommendation:
8. Having carefully considered the submissions made by the
parties the Court is satisfied that, having regard to the results
as described, the evaluation exhibits all the signs of a carefully
designed and well carried out exercise, except in the case of the
en-bloc rejection by the technicians here involved.
The Court in the light of this recommends that the technicians
concerned in the first instance agree to the Company's proposal to
promote some of their number to a senior grade and that the
Company for its part recall the consultants to recheck the
validity of the evaluation as it applied to the technician grade.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92374 RECOMMENDATION NO. LCR13814
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BORD BAINNE
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of 6 laboratory technicians for
regrading.
BACKGROUND:
2. Bord Bainne's primary function is to export dairy products on
behalf of its member organisations (co-operatives and companies
who manufacture dairy products). It employs approximately two
hundred workers, the majority of whom are based at the Head Office
in Dublin. The Board has a Quality Assurance Laboratory situated
in Fermoy, Co. Cork. The technicians involved in the claim are
employed there.
3. During 1990/1991 the Bord carried out a job evaluation
exercise of all jobs within the organisation using Hay Management
Consultants. Following the evaluation the technicians were placed
at Grade L within a ten-grade structure maintaining their status
as separate from other grades within the Organisation (details
supplied to the Court). The Union claims that a nine-grade
structure should apply and that the technicians should be placed
at Grade K. The technicians present salary scale is #10,800 to
#17,800. Grade K would place them on a scale of #13,459 to
#20,168.
4. The Bord rejected the Union's claim and offered to consider
moving three of the six technicians to the position of senior
technician to be placed on Grade K. The new positions would
involve additional functions and responsibilities. This was not
acceptable to the Union and the dispute was referred to the Labour
Relations Commission on 9th March, 1992. A conciliation
conference was held on 9th April, 1992. As no agreement was
reached the Commission with the consent of the parties, referred
the dispute to the Labour Court on 29th July, 1992 for
investigation and recommendation under Section 26(1) of the
Industrial Relations Act, 1990. A Court hearing took place on 9th
October, 1992 (the earliest date suitable to the parties).
UNION'S ARGUMENTS:
6. 1. The work of the laboratory technicians was not evaluated
relative to that of the other workers within the Bord, as
their grade has stood apart from the main grading structure
since 1982 (details supplied to the Court).
2. The two supervisors (a chemist and microbiologist) in the
laboratory were up-graded even though the nature of the work
in the laboratory is closely intertwined with all staff
carrying out the same tests.
3. The laboratory work in Bord Bainne is more onerous than
other dairy companies as the Bord sets the standards for the
dairy industry.
4. Management have failed to give details of how the job
scored in the evaluation.
BORD'S ARGUMENTS:
7. 1. In July, 1991 staff members whose jobs were evaluated were
given an opportunity to appeal. Twenty staff (including the
technicians) appealed their decisions which resulted in little
or no changes.
2. The Bord is satisfied that the salary range and grade of
laboratory technicians are favourable and in line with
conditions prevailing in the dairy industry.
3. The claim is in breach of the Programme for Economic and
Social Progress (P.E.S.P.).
4. The Bord is prepared to consider appointing three
technicians to the post of senior technician under certain
conditions.
RECOMMENDATION:
8. Having carefully considered the submissions made by the
parties the Court is satisfied that, having regard to the results
as described, the evaluation exhibits all the signs of a carefully
designed and well carried out exercise, except in the case of the
en-bloc rejection by the technicians here involved.
The Court in the light of this recommends that the technicians
concerned in the first instance agree to the Company's proposal to
promote some of their number to a senior grade and that the
Company for its part recall the consultants to recheck the
validity of the evaluation as it applied to the technician grade.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
28th October, 1992. Deputy Chairman.
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.