Labour Court Database __________________________________________________________________________________ File Number: CD94310 Case Number: LCR14497 Section / Act: S26(1) Parties: CENTRAL FISHERIES BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Investigation arising out of LCR 14379 concerning the terms for upgrading of administrative assistants from Grade III to Grade IV.
Recommendation:
The Court has considered all of the arguments made by the parties
and recommends in full and final settlement of this dispute that
the following arrangements be put in place.
1. That the workers concerned be paid a lump sum of #350;
2. Full 'starting-pay-on-promotion' terms, with effect from
1st November 1993, (i.e. accrued increment on Grade III
scale since 1st January 1993 plus 1 increment on the
Grade IV scale or if on maximum of Grade III for 3
years, 2 increments on the Grade IV scale;
3. Payment of accrued increment on Grade IV scale on 1st
January 1994;
4. Payment of 2 increments on the Grade IV scale with
effect from 1st July 1994;
5. The above to be paid for full co-operation with the
introduction of information technology in the Regional
Board's offices and for full co-operation with the
Assistant Managers.
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94310 RECOMMENDATION NO. LCR14497
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. Investigation arising out of LCR 14379 concerning the terms
for upgrading of administrative assistants from Grade III to
Grade IV.
BACKGROUND:
2. 1. The detailed background to the case is set out in
Recommendation No. LCR 14379. In November 1989, the
Union lodged a claim to have administrative assistants
regraded from Grade III to Grade IV. The Court, in
Recommendation No. LCR 13843 on 12th November 1992,
recommended inter-alia that the only satisfactory means
of dealing with a difference of opinion on the grading
position was to have the work assessed.
2. An independent assessment led the parties to agreeing
that the administrative assistants should be upgraded
from Grade III to Grade IV. The parties could not agree
on the process to be followed to upgrade the workers and
the dispute was again referred to the Labour Court.
Recommendation No. LCR 14379 as follows was issued on
22nd March 1994.
"The Court finds the employees concerned in this
dispute have been wrongly graded for a number of
years. The Court also finds that the claim
falls to be dealt with in accordance with the
procedures under Clause 3 of the P.E.S.P.. It
is the view of the Court that the framework
proposed for the resolution of the claim is in
accordance with the provisions of the Clause but
does not adequately address the circumstances of
the staff concerned in this dispute.
The Court recommends that the parties, within a
period of 4 weeks, agree a reasonable basis of
assimilation to adequately address the
situations which has wrongly applied to these
staff.
In the event that the parties are unable to
agree an acceptable basis for addressing the
claim of the staff, the Court shall review the
discussions of the parties and issue a
definitive Recommendation."
3. The Court received letters from both parties on 23rd May
1994. The letters informed the Court that the parties
could not reach agreement on the assimilation of the
workers to Grade IV. The Court held a further
investigation on 21st June 1994. The parties outlined
their reasons for not reaching agreement (details
supplied). The Court's definitive recommendation is set
out below.
RECOMMENDATION:
The Court has considered all of the arguments made by the parties
and recommends in full and final settlement of this dispute that
the following arrangements be put in place.
1. That the workers concerned be paid a lump sum of #350;
2. Full 'starting-pay-on-promotion' terms, with effect from
1st November 1993, (i.e. accrued increment on Grade III
scale since 1st January 1993 plus 1 increment on the
Grade IV scale or if on maximum of Grade III for 3
years, 2 increments on the Grade IV scale;
3. Payment of accrued increment on Grade IV scale on 1st
January 1994;
4. Payment of 2 increments on the Grade IV scale with
effect from 1st July 1994;
5. The above to be paid for full co-operation with the
introduction of information technology in the Regional
Board's offices and for full co-operation with the
Assistant Managers.
~
Signed on behalf of the Labour Court
7th July, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.