Labour Court Database __________________________________________________________________________________ File Number: CD92297 Case Number: LCR13820 Section / Act: S26(1) Parties: CENTRAL FISHERIES BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Allowance for a Senior Technician.
Recommendation:
5. Having considered the submissions of the parties concerned in
this dispute the Court recommends that an allowance of #2,000 p.a.
as claimed be conceded, regard being had to the terms of Clause 3
of the Programme for Economic and Social Progress.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD92297 RECOMMENDATION NO. LCR13820
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: CENTRAL FISHERIES BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Allowance for a Senior Technician.
BACKGROUND:
2. The worker is graded as a Senior Technician, a grade that is
equivalent to the Civil Service Grade of Higher Executive Officer
(H.E.O.). On the basis of his involvement in 'Information
Technology', the worker unsuccessfully sought to be re-graded to
Assistant Principal. He then claimed an 'Information Technology'
(I.T.) allowance of #2,000 p.a. which is paid to H.E.Os who are on
I.T. duties in the Civil Service. The Board did not concede the
claim and the dispute was referred to the Labour Relations
Commission on the 23rd of January, 1992. A Conciliation
Conference was held on the 24th of January, 1992 at which
agreement was not reached. The dispute was referred to the Labour
Court on the 7th of April, 1992 under Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute on the 14th of October, 1992 (the earliest date suitable
to both parties).
UNION'S ARGUMENTS:
3. 1. The #2,000 allowance conceded to H.E.Os who are engaged in
computer work is a reward for the H.E.Os' special skills, and
it serves as an inducement for them to remain within the Civil
Service. All qualifying conditions for the allowance are
satisfied by the worker, as follows:
(i) He has total responsibility for the computer system
in the Central Fisheries Board.
(ii) He is the only person employed in the Computer
Department and his job involves full-time computer
duties.
(iii) He is responsible for all hardware and software in
the Board's computer system.
(iv) He is responsible for the training of other
employees in the use of computer software.
(v) Through his attendance at computer courses, the
worker has developed his computer skills with
specific relevance to his employment.
(vi) There is no maintenance contract on the Board's
computer system because all maintenance is carried
out by the worker concerned.
COMPANY'S ARGUMENTS:
4. 1. According to Department of Finance Circular (No. 26/90)
regarding additional payments to Executive Officers, H.E.Os
and equivalent Departmental Grades, the allowance is only
payable in circumstances where it can be demonstrated that the
turnover of qualified Information Technology staff is at an
unacceptable level and that the award of the gratuity is
necessary to retain essential skills.
2. There is no recognised pay linkage between the Grade of
Technician 1 and the grades of Executive Officer and Higher
Executive Officer.
RECOMMENDATION:
5. Having considered the submissions of the parties concerned in
this dispute the Court recommends that an allowance of #2,000 p.a.
as claimed be conceded, regard being had to the terms of Clause 3
of the Programme for Economic and Social Progress.
~
Signed on behalf of the Labour court
Evelyn Owens
_________________________
29th October, 1992. Deputy Chairman.
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.