Labour Court Database __________________________________________________________________________________ File Number: CD93146 Case Number: LCR14058 Section / Act: S26(1) Parties: MAYNOOTH EMPLOYMENT OFFICE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute regarding pay parity with clerical assistants in the civil service.
Recommendation:
The Court accepts that the unions claim for the payment of the
Civil Service Clerical Assistant rates of pay, inclusive of the 6%
special award to the workers concerned is soundly based and
recommends that it be conceded. The Court notes however, that the
implementation of the 6% special award to the workers concerned
was contingent upon specific developments which to date have not
occurred. In these circumstances the Court further recommends
that the parties to the dispute enter into negotiations with the
appropriate authority, and having regard to the initial
recommendation above, find some means of removing the present
strictures attached to the 6%.
Signed on behalf of the Labour Court
27th April, 1993 Evelyn Owens
P.O.C./M.H. ------------------------------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD93146 RECOMMENDATION NO. LCR14058
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1),INDUSTRIAL RELATIONS ACT, 1990
PARTIES: MAYNOOTH EMPLOYMENT OFFICE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute regarding pay parity with clerical assistants in the
civil service.
BACKGROUND:
2. 1. The Maynooth Employment Office is a private social
welfare office which has a contract from the Department of
Social Welfare to operate on an independent basis, subject
to the Department's guidelines.
2. In June, 1989, following discussions with the Union, the
Company agreed to adjust salaries in line with the clerical
assistant grade in the public service. Both parties were
aware at this time, that an arbitration claim for 6% was
being processed for clerical assistants in the public sector.
It was agreed that this would be passed on to the branch
office staff when it was granted to the employment offices.
The 6% special award was finally resolved and paid to
clerical assistants in the public sector with effect from
July, 1989. This increase was not passed on to the branch
office staff and finally in February, 1991 the Union demanded
immediate payment of the clerical assistant scale backdated
to 1990. The employer rejected this claim and the dispute
was referred to the Labour Relations Commission on the 4th
November, 1992. A conciliation conference was held on the
8th February, 1993 but agreement could not be reached. The
issue was referred to the Labour Court on the 24th February,
1993 and the Court investigated the matter on the 19th April,
1993.
UNION'S ARGUMENTS:
3. 1. The employer has reneged on an agreement made in 1989
for direct pay parity with the clerical assistant grade in
the public sector.
2. The work of the branch office staff is the same as that
carried out by clerical assistants.
COMPANY'S ARGUMENTS:
4. 1. The 6% special award was not paid to the private
employment offices and therefore could not be passed on.
2. The Company did not renege on the agreement as it made
it clear it was dependent on the increase being paid to the
employment office.
3. The employment office is not a public sector
organisation. Full PRSI is paid by both the employer and
workers.
4. Full pay parity does not take account of the employer's
ability to pay.
5. The employer is unable to pay the increase or the
retrospection.
RECOMMENDATION:
The Court accepts that the unions claim for the payment of the
Civil Service Clerical Assistant rates of pay, inclusive of the 6%
special award to the workers concerned is soundly based and
recommends that it be conceded. The Court notes however, that the
implementation of the 6% special award to the workers concerned
was contingent upon specific developments which to date have not
occurred. In these circumstances the Court further recommends
that the parties to the dispute enter into negotiations with the
appropriate authority, and having regard to the initial
recommendation above, find some means of removing the present
strictures attached to the 6%.
Signed on behalf of the Labour Court
27th April, 1993 Evelyn Owens
P.O.C./M.H. ------------------------------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.