Labour Court Database __________________________________________________________________________________ File Number: CD94154 Case Number: LCR14491 Section / Act: S26(1) Parties: IRISH LEAGUE OF CREDIT UNIONS - and - MANUFACTURING SCIENCE FINANCE |
Dispute concerning the re-organisation of the office.
Recommendation:
5. Clerical Assistants:
(1) Supervision
The Court considers that, having regard to the revised
responsibilities of the Heads of Function, it is organisationally
appropriate to limit the number of staff reporting directly to
them. While the reluctance of Clerical Assistants to accept the
resulting requirement that they report for the future to
Administrative Assistants is understandable, the Court regards
this change as inevitable in the context of the evolving structure
and the growing staff numbers. The Court notes that the grievance
procedure and appraisal arrangements should protect the position
of Clerical Assistants. Accordingly, having regard to all the
circumstances, the Court recommends that the Clerical Assistants
accept the new reporting arrangements as proposed by the League.
(2) Placement on Scales
Having regard to the agreed manner in which the new scale is
structured the proposed revision of salaries seems equitable.
Nobody is further from the maximum point in terms of years, a
minimum of 4% applies and the greater benefits apply at the later
stages of the new scale. Accordingly the Court recommends
acceptance by the claimants.
(3) Date of Implementation
Having regard to all the circumstances of this case, the Court
recommends that the new scales apply with nine months
retrospection from the date of acceptance.
(B) Executive Assistants
(1) Placement on Scales
The agreed structure of the new scale differs from that applying
to Clerical Assistants insofar as the scale, apart from being
shortened introduces standard increments. The effect of point to
point adjustment would greatly favour those with service to
half-way of the present scale with a drop in relative benefit
applying to those with longer service.
The Court considers that the assimilations proposed by the League
are equitable insofar as everyone benefits at least to the minimum
of 4%. However, the change to standard increments gives rise to
some small anomalies in the initial years. These increments are
less than what would otherwise have applied under the existing
scale and therefore have the effect of temporarily eroding the 4%
increase.
Accordingly, the Court recommends acceptance of the League's
assimilation proposals but also recommends payment of the
following lump-sums:-
M. Brickley - #350
T. Purtill = #300
(2) Date of Implementation
Having regard to all the circumstances of this case, the Court
recommends that the new scales apply with nine months
retrospection from the date of acceptance.
(C) Field Officers
(1) Length of Working Week
The nature and circumstances of the work of Field Officers is such
that the Court does not consider that there are sustainable
grounds for direct comparison of working hours between them and
office staff. Neither does the Court consider that there is a
reasonable comparison between field officers and bank inspection
staff.
Nevertheless, the Court considers that in the context of movements
in working hours generally, there is some merit in the Union's
claim. Accordingly, the Court recommends that both sides accept
that the average working week of Field Officers should be 39 hours
and that hours in excess should be paid at overtime rates subject
to agreed arrangements on work distribution.
(2) Placement on Scales
Having considered the submissions of the parties, the Court
recommends that the League's proposals for assimilation to the new
scales be accepted by the Union but that in addition, the League
pays the following lump sums:-
C. Bishop - #900
P. Thornton - #1000
T. Burke - #1000
(3) Date of Implementation
Having regard to all the circumstances of this case, the Court
recommends that the new scales apply with nine months
retrospection from the date of acceptance.
Having regard to the protracted negotiations that have taken
place, the Court strongly urges both parties to conclude this case
without further delay.
Division: Mr Heffernan Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94154 RECOMMENDATION NO. LCR14491
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH LEAGUE OF CREDIT UNIONS
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYER'S CONFEDERATION
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Dispute concerning the re-organisation of the office.
BACKGROUND:
2. 1. In 1989, the Credit Union Movement, at its annual
general meeting, directed the setting up of a Planning
Committee with a brief to investigate and anticipate the
changing needs of the credit union movement. The Committee
produced a report in 1991. This called for a special study by
external management consultants who were mandated to examine,
assess, report and recommend a cost effective was financing of
the League and the deployment of resources both human and
financial. The consultants' report was finalised in July,
1992 and it recommended changes throughout the credit union
movement, including a re-organisation of the League's Office.
2. The Union maintained that the re-organisation of the
League's Office would have implications for the staffing
structure. It sought negotiations at local level with the
Company concerning reporting structures, placement on scales
and the date of implementation. No progress was made at local
level discussions and the issue was referred to the Labour
Relations Commission. Conciliation conferences were held on
the 5th October, 1993, 28th October, 1993, 9th December, 1993
and 19th January, 1994. Agreement was not reached and the
issue was referred by the Labour Relations Commission to the
Labour Court on the 8th March, 1994. The Court investigated
the dispute on the 26th April, 1994.
UNION'S ARGUMENTS:
3. 1. The requirement for Clerical Assistants to report to
Executive Assistants is unnecessary and diminishes their job
by removing an element of initiative which is currently
required.
2. It is unacceptable to place individuals at points on a
new scale below that which they have already attained.
3. While the revised scales will allow new employees to
obtain full benefit from the reduced scales, some existing
staff will be discriminated against by being placed at the
bottom of the new scale thereby wiping out incremental credit
already earned.
4. The date of implementation of the new pay scales should
be from the date that co-operation was given to the changes in
the Organisation Review which commenced i.e. the 1st January,
1993.
LEAGUE'S ARGUMENTS:
4. 1. The League has consistently offered training to
Executive Assistants in their new position and has also given
assurances to Clerical Assistants that any grievance or
concerns they may have in the future will be properly
addressed.
2. The new pay scales are shorter and of considerable
benefit to staff. The revised scales remove the overlap
between the current Clerical and Executive Assistant scales
and the Executive Assistant and Field Officers' scales.
3. The implementation date of the new pay scales should be
the date of acceptance of the proposals under discussion.
RECOMMENDATION:
5. Clerical Assistants:
(1) Supervision
The Court considers that, having regard to the revised
responsibilities of the Heads of Function, it is organisationally
appropriate to limit the number of staff reporting directly to
them. While the reluctance of Clerical Assistants to accept the
resulting requirement that they report for the future to
Administrative Assistants is understandable, the Court regards
this change as inevitable in the context of the evolving structure
and the growing staff numbers. The Court notes that the grievance
procedure and appraisal arrangements should protect the position
of Clerical Assistants. Accordingly, having regard to all the
circumstances, the Court recommends that the Clerical Assistants
accept the new reporting arrangements as proposed by the League.
(2) Placement on Scales
Having regard to the agreed manner in which the new scale is
structured the proposed revision of salaries seems equitable.
Nobody is further from the maximum point in terms of years, a
minimum of 4% applies and the greater benefits apply at the later
stages of the new scale. Accordingly the Court recommends
acceptance by the claimants.
(3) Date of Implementation
Having regard to all the circumstances of this case, the Court
recommends that the new scales apply with nine months
retrospection from the date of acceptance.
(B) Executive Assistants
(1) Placement on Scales
The agreed structure of the new scale differs from that applying
to Clerical Assistants insofar as the scale, apart from being
shortened introduces standard increments. The effect of point to
point adjustment would greatly favour those with service to
half-way of the present scale with a drop in relative benefit
applying to those with longer service.
The Court considers that the assimilations proposed by the League
are equitable insofar as everyone benefits at least to the minimum
of 4%. However, the change to standard increments gives rise to
some small anomalies in the initial years. These increments are
less than what would otherwise have applied under the existing
scale and therefore have the effect of temporarily eroding the 4%
increase.
Accordingly, the Court recommends acceptance of the League's
assimilation proposals but also recommends payment of the
following lump-sums:-
M. Brickley - #350
T. Purtill = #300
(2) Date of Implementation
Having regard to all the circumstances of this case, the Court
recommends that the new scales apply with nine months
retrospection from the date of acceptance.
(C) Field Officers
(1) Length of Working Week
The nature and circumstances of the work of Field Officers is such
that the Court does not consider that there are sustainable
grounds for direct comparison of working hours between them and
office staff. Neither does the Court consider that there is a
reasonable comparison between field officers and bank inspection
staff.
Nevertheless, the Court considers that in the context of movements
in working hours generally, there is some merit in the Union's
claim. Accordingly, the Court recommends that both sides accept
that the average working week of Field Officers should be 39 hours
and that hours in excess should be paid at overtime rates subject
to agreed arrangements on work distribution.
(2) Placement on Scales
Having considered the submissions of the parties, the Court
recommends that the League's proposals for assimilation to the new
scales be accepted by the Union but that in addition, the League
pays the following lump sums:-
C. Bishop - #900
P. Thornton - #1000
T. Burke - #1000
(3) Date of Implementation
Having regard to all the circumstances of this case, the Court
recommends that the new scales apply with nine months
retrospection from the date of acceptance.
Having regard to the protracted negotiations that have taken
place, the Court strongly urges both parties to conclude this case
without further delay.
~
Signed on behalf of the Labour Court
Kevin Heffernan
8th July, 1994 ----------------
P O'C/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR PAUL O'CONNOR, COURT SECRETARY.