Labour Court Database __________________________________________________________________________________ File Number: CD9340 Case Number: LCR14044 Section / Act: S26(1) Parties: BUS EIREANN - and - CLERICAL AND SUPERVISORY TRADE UNION GROUP |
Claim by the Group for assimilation of the engineering clerk grade into the mainstream clerical structure.
Recommendation:
8. The Court has given careful consideration to the submissions
from the parties and has studied all the documentation attached to
the written submissions from the parties. The Court notes the
length of time the Union has been pursuing this claim, the many
efforts, including the setting up of a Joint Working Party, made
to resolve the issue and the changing nature of the duties
performed by the claimants as a result of technological change.
The Court also notes that it is accepted that the work performed
is clerical in nature and sees the Company's offer of January,
1991 as accepting this fact.
In all the circumstances the Court is satisfied that there is
merit in the Union's claim and accordingly recommends that the
claimants be assimilated into the Clerical Officer Grade 3 Scale
and Grade. For the purpose of assimilation to the salary scale of
C.O. 3, individual cases should be dealt with on the basis of
entry to the scale at the point nearest that but not below
existing salary point as at 1st April, 1993. Progression up to
C.O.3 scale to be implemented in the normal manner.
The Court recognises that acceptance of the above recommendation
will give rise to other problems which will have to be addressed
by the parties. The Court accordingly further recommends that
both sides accept the proposals set out in the I.R.O.'s letter of
11th May, 1992 Paragraphs 2-4 as a reasonable mechanism for
dealing with these difficulties.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9340 RECOMMENDATION NO. LCR14044
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BUS EIREANN
and
CLERICAL AND SUPERVISORY TRADE UNION GROUP
SUBJECT:
1. Claim by the Group for assimilation of the engineering clerk
grade into the mainstream clerical structure.
BACKGROUND:
2. The Company employs 17 engineering clerks in various garages
throughout the country.
3. The Group initially submitted a claim, on behalf of the
engineering clerks for assimilation into the clerical grade at the
maximum point of Clerical Officer Grade 3 (C.O. 3), to the Company
in January, 1989. Following negotiations a Joint Working Party
was set up to examine the functions, duties and responsibilities,
anticipated changes in workloads, clerical staffing arrangements
in Garages and promotional opportunities for engineering clerks.
4. The Joint Working Party issued its report in July, 1990. It
made a number of recommendations and identified certain areas of
concern (e.g. differences in basic working hours, level of
overtime required, loss of promotional outlet for other groups
etc.). In January, 1991 the Company put forward proposals which
provided for alignment of the engineering clerks with the clerical
assistant (C.A.) grade. These proposals were rejected by the
Group.
5. The dispute was referred to the Labour Relations Commission on
25th April, 1991. Conciliation conferences were held on 16th
December, 1991, 11th May and 5th November, 1992. As no agreement
was reached the Commission, with the consent of the parties
referred the dispute to the Labour Court on 12th January, 1993 for
investigation and recommendation under Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took place
on 12th February, 1993.
GROUP'S ARGUMENTS:
6. 1. Clause 6 of the Joint Working Party Report identified the
Group's aspiration for assimilation of engineering clerks to
the Clerical Officer Grade 3 grade. The Company's proposals
fail to meet these aspirations.
2. The duties of the workers concerned have become more
clerically orientated, particularly with the introduction and
expansion of the use of computers.
3. It is considered that an examination of the engineering
clerks' duties in comparison with the duties of C.A. and C.O.
3 would identify their positions as being equivalent of at
least C.O. 3 grade.
4. Concession of the Unions' claim would not conflict with
the interests of other groups of workers in the Company
(details supplied to the Court).
5. The Company has argued that some of the workers concerned
do not hold the necessary educational qualifications (i.e.
leaving certificate). While the Group do not wish to
undermine these educational qualifications it believes that an
accommodation can be reached similar to other arrangements in
the past.
COMPANY'S ARGUMENTS:
7. 1. In 1979 the engineering clerks became part of the Garage
Supervisory Structure following the issue of Labour Court
Recommendation L.C.R. 5459. There have been no major changes
in the duties of the workers concerned since that time.
2. Concession of the Group's claim would lead to a number of
problems particularly in regard to cost and the dilution of
educational requirements. It would also impinge on the
conditions of other groups of workers (details supplied to the
Court).
3. The Company has examined the Joint Working Party Report
and, taking all circumstances into consideration, believes
that its proposals represents a fair and equitable means of
meeting the aspirations of the engineering clerks for
assimilation of their grade into the clerical structure.
RECOMMENDATION:
8. The Court has given careful consideration to the submissions
from the parties and has studied all the documentation attached to
the written submissions from the parties. The Court notes the
length of time the Union has been pursuing this claim, the many
efforts, including the setting up of a Joint Working Party, made
to resolve the issue and the changing nature of the duties
performed by the claimants as a result of technological change.
The Court also notes that it is accepted that the work performed
is clerical in nature and sees the Company's offer of January,
1991 as accepting this fact.
In all the circumstances the Court is satisfied that there is
merit in the Union's claim and accordingly recommends that the
claimants be assimilated into the Clerical Officer Grade 3 Scale
and Grade. For the purpose of assimilation to the salary scale of
C.O. 3, individual cases should be dealt with on the basis of
entry to the scale at the point nearest that but not below
existing salary point as at 1st April, 1993. Progression up to
C.O.3 scale to be implemented in the normal manner.
The Court recognises that acceptance of the above recommendation
will give rise to other problems which will have to be addressed
by the parties. The Court accordingly further recommends that
both sides accept the proposals set out in the I.R.O.'s letter of
11th May, 1992 Paragraphs 2-4 as a reasonable mechanism for
dealing with these difficulties.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________
19th April, 1993. Deputy Chairman
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.