Labour Court Database __________________________________________________________________________________ File Number: CD94134 Case Number: LCR14449 Section / Act: S26(1) Parties: UNIVERSITY OF LIMERICK - and - MANUFACTURING SCIENCE FINANCE |
Claim by the Union, on behalf of the former Finance Officer/ Administrator, Thomond College of Education, Limerick, for parity of salary with Bursar/Administrators of Mary Immaculate College of Education, Limerick, and St. Patrick's College of Education, Drumcondra.
Recommendation:
The Court has considered the submissions made both at the hearing
of the case on the 26th April, 1994 and on the 2nd June, 1993.
It is satisfied, on the basis of the review of the post carried
out in 1980 and of the changes which had taken place between then
and the dissolution of Thomond College, that the claimant was
correctly graded and appropriately remunerated at the time of the
dissolution.
Thus the Court finds that Section 7 of the University of Limerick
(Dissolution of Thomond College) Act 1991 has been complied with
in respect of the claimant, whose claim must therefore fail.
The Court so recommends.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94134 RECOMMENDATION NO. LCR14449
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
UNIVERSITY OF LIMERICK
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim by the Union, on behalf of the former Finance Officer/
Administrator, Thomond College of Education, Limerick, for
parity of salary with Bursar/Administrators of Mary
Immaculate College of Education, Limerick, and St. Patrick's
College of Education, Drumcondra.
BACKGROUND:
2. 1. The worker concerned was originally employed by Thomond
College of Education (T.C.E) as Finance Officer/
Administrator. The Union's claim on behalf of the
worker (together with a number of other claims for
regrading) was submitted in 1990. It was rejected by
Management and referred to the Labour Relations
Commission in March, 1991. A conciliation conference
was held but no agreement was reached. It was decided to
defer the claim as legislation had been enacted in July,
1991, abolishing Thomond College and integrating its
functions with Limerick University.
2. Subsequent to the integration, local discussions and a
further conciliation conference failed to resolve the
issue. The claim of the worker concerned (together with
the other claims submitted in 1990/91) was referred to
the Labour Court. The Court suggested that the claim of
the worker concerned be adjudicated on by the
University's Job Evaluation Committee (J.E.C.). In
November, 1993, the Court issued a recommendation in
respect of the other claims (LCR14247 refers).
However, the parties could not reach agreement on the
criteria for adjudication of the worker's claim by
the J.E.C. and the dispute was referred to the Labour
Court on the 9th November, 1993. The Court investigated
the dispute in Limerick on the 26th April, 1994. (The
earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. Parity between these three Colleges of Education has
been firmly established by the Labour Court (LCRs 6274,
6704, 6935, 10606, and 12462 refer).
2. The duties and responsibilities of the Finance Officer/
Administrator of T.C.E. were directly comparable with
those of the Bursars/Administrators of the other two
Colleges of Education. (Details supplied to the Court).
3. The advertisement for the post of Finance Officer/
Administrator stipulated that an accountancy
qualification or a Business Studies degree, together
with 5 years' broad administrative experience were
required. The worker concerned is a Chartered
Accountant with a Business Studies Degree and an M.A.
who had, at the relevant time, adequate experience. The
requirements for the posts of Bursar/Administrator were
no greater.
4. At the time of LCR6274 when T.C.E. was seeking the post
of Finance Officer/Administrator, the maximum of
Bursars' scales in the other 2 Colleges were #12,726 and
#12,182; while the maximum of the Lecturer scale in
Thomond was #14,259. Before the issue of LCR6935 which
confirmed increases for the Bursars, T.C.E. advertised
the Finance Officer/Administrator post at the same scale
as Lecturers. Since then Bursars were both upgraded.
They were confirmed in the principal Lecturer 7 scale in
March, 1990.
5. Because the responsibilities and duties are directly
comparable, the work is not less onerous, and the
qualifications and skills required are not lower, the
salary of the Finance Officer/Administrator should not
have been less than that of Bursars/Administrator. The
operative date for commencement of that salary should be
not later than March, 1990.
UNIVERSITY'S ARGUMENTS:
4. 1. The worker concerned was integrated into the University
of Limerick from Thomond College without any loss of
entitlements and assigned duties appropriate to those of
the grade at which the transfer occurred, i.e., Grade 9
and remunerated accordingly (details supplied to the
Court). In the post-integration situation the duties
performed by the claimant at T.C.E. remain essentially
the same in qualitative terms. The University, in
compliance with the legislation enacted to effect the
integration which guaranteed that staff of the former
T.C.E. would be transferred on terms and conditions no
less favourable than those previously enjoyed,
reassigned staff to areas, without loss of service etc.,
to perform duties appropriate to their grades.
2. The salary scales of Administrator and many other grades
at T.C.E. were historically derived from Limerick
University. The scale of Administrator at Thomond had
its origins in a survey of administrative and clerical
grades within that College carried out by the I.P.A. and
the Department of the Public Service in 1980 (details
supplied to the Court). The report was prepared when
Thomond was in a period of expansion and reached its
peak in 1986-87 and from then until integration in 1991
contracted significantly. There is no case for
upgrading based on the claimants' T.C.E.
responsibilities
3. It should be noted that LCR6274 recommended "the salary
scales in the Colleges of Education be increased to the
level applying in Thomond College". This recommendation
set T.C.E. as the leader for rates of pay - not vice
versa. LCR's 6704, 6935, 10606 and 12462 all have their
origins in LCR 6274 which establishes the 'Leadership'
of T.C.E. in pay issues in the Colleges of Education.
4. An examination of the duties and responsibilities of the
claimant show a marked difference between those
undertaken by the claimant and those with whom pay
parity is being sought. This is illustrated when the
structures and systems of the former T.C.E. are
considered. (Details supplied to the Court). The
University has an established and well defined structure
in its Finance Division and the introduction of the
grade of Bursar or its equivalent into that structure
would disrupt this entirely and lead to numerous
knock-on claims.
5. The claim falls to be dealt with in accordance with the
terms of the P.E.S.P. and P.C.W.. Having an established
relativity with senior grades in the Civil Service, the
claimant has received special awards above the basic
increases, during the course of the P.E.S.P..
RECOMMENDATION:
The Court has considered the submissions made both at the hearing
of the case on the 26th April, 1994 and on the 2nd June, 1993.
It is satisfied, on the basis of the review of the post carried
out in 1980 and of the changes which had taken place between then
and the dissolution of Thomond College, that the claimant was
correctly graded and appropriately remunerated at the time of the
dissolution.
Thus the Court finds that Section 7 of the University of Limerick
(Dissolution of Thomond College) Act 1991 has been complied with
in respect of the claimant, whose claim must therefore fail.
The Court so recommends.
~
Signed on behalf of the Labour Court
23rd May, 1994 Evelyn Owens
T.O.D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.