Labour Court Database __________________________________________________________________________________ File Number: CD93108 Case Number: LCR14018 Section / Act: S20(1) Parties: LEIXLIP COMMUNITY SCHOOL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning regrading of a worker as a School Attendant.
Recommendation:
The Court finds the post of Lady Attendant is being phased out and
having considered the submissions, both oral and written, the
Court recommends that the offer made by management should be
accepted.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93108 RECOMMENDATION NO. LCR14018
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: LEIXLIP COMMUNITY SCHOOL
DEPARTMENT OF EDUCATION
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning regrading of a worker as a School
Attendant.
BACKGROUND:
2. 1. The worker has been employed at the school for the last
13 years as a part-time cleaner. On the 20th March, 1991 the
Union sought the upgrading of the worker to that of school
attendant and requested the appropriate attendants' rate of
pay. A meeting took place but agreement could not be
reached. The matter was referred to a Rights Commissioner of
the Labour Relations Commission on the 28th October, 1992 but
the school objected on the 17th November, 1992 and refused to
attend a hearing. The Union, on the 10th February, 1993,
submitted the claim to the Labour Court under Section 20 of
the Industrial Relations Act, 1969. The Court investigated
the matter on the 10th March, 1993.
UNION'S ARGUMENTS:
3. 1. The grade of school attendant is more appropriate given
the worker's duties and responsibilities.
2. The school authorities recognise that the worker
performs functions which are not normally carried out by the
cleaner grade.
3. These extra duties are not done by the other cleaners
employed at the school.
COMPANY'S ARGUMENTS:
4. 1. There is no grade of "attendant" in the
community/comprehensive school structure.
2. There is no sanction for recruitment or promotion to the
grade of attendant.
3. The other duties performed by the worker are not more
onerous than her cleaning duties.
4. There is an offer to pay the worker the minimum
attendant rate which applies in the Kildare Vocational
Educational Committee. (VEC)
RECOMMENDATION:
The Court finds the post of Lady Attendant is being phased out and
having considered the submissions, both oral and written, the
Court recommends that the offer made by management should be
accepted.
The Court so recommends.
~
Signed on behalf of the Labour Court
29th March, 1993 Tom McGrath
P.O.C./M.H. ____________________________________
Deputy Chairman.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.