Labour Court Database __________________________________________________________________________________ File Number: CD95123 Case Number: LCR14735 Section / Act: S26(1) Parties: CARLOW/DUNDALK REGIONAL TECHNICAL COLLEGES (RTC'S) (DEPARTMENT OF EDUCATION) - and - MANUFACTURING SCIENCE FINANCE (MSF;AMALGAMATED TRANSPORT GENERAL WORKERS UNION (A.T.G.W.U. |
Pay parity with the Porter Grade in Dublin Institute of Technology.
Recommendation:
The Court has fully considered all of the views of the parties.
The Court finds that whilst there may be a case to be made for the
harmonisation of the terms and conditions of employment of the
RTC's and D.I.T.'s it is inappropriate that this be dealt with on
an individual College basis.
Accordingly the Court recommends that the agreement on the
rationalisation of pay of Public Service General operatives
outside Dublin be applied to the employees here concerned.
Division: Mr McGrath Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD95123 RECOMMENDATION NO. LCR14735
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CARLOW/DUNDALK REGIONAL TECHNICAL COLLEGES (RTC's)
AND
MANUFACTURING SCIENCE FINANCE (MSF)
AMALGAMATED TRANSPORT GENERAL WORKERS UNION (A.T.G.W.U.)
SUBJECT:
1. Pay parity with the Porter Grade in Dublin Institute of
Technology.
BACKGROUND:
2. The Union submitted a claim on behalf of all RTC's for parity
of pay with porters in Dublin Institute of Technology
(D.I.T.). Following discussions between the I.C.T.U and
Public Service Employers (part of PESP negotiations) a
'special' award of #16.04 was offered. All the Colleges
agreed to negotiate under this agreement except Carlow and
Dundalk. They maintained their claims for absolute parity
with D.I.T. and claimed that there was a recognition of their
claim before the special award was put forward.
No agreement on the claim could be reached between the Unions
and the two Colleges. The dispute was referred to the Labour
Relations Commission and a conciliation conference was held
on 27th January, 1995. As no agreement was possible the
dispute was referred to the Labour Court on 2nd March, 1995
in accordance with Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute on 24th March,
1995.
UNION'S ARGUMENTS:
3. 1. The staff concerned are employed in the Regional
Technical Colleges (RTC's) on a range of caretaking
duties including building security, general duties and a
variety of maintenance duties. Their wage rates are
those applying to the higher-level of General Operatives
in Local Authorities outside Dublin. The current claim
is to establish pay parity with employees doing similar
duties in the Dublin Institute of Technology (D.I.T.).
The claim is justified because every other group has
parity with the Dublin Institute of Technology. In
September, 1993 the Department of Education conceded pay
parity to Tallaght Regional Technical College. In the
circumstances, there is no reason why Carlow and Dundalk
RTC's should not be given pay parity with Dublin
Institute of Technology.
2. Under current legislation each RTC is an independent
employer. There is no reason therefore why separate
negotiations cannot take place with individual Colleges.
The Unions do not accept the argument that the claim
cannot be conceded because it does not cover all the
Colleges. The practice of paying a lower rate of pay to
employees outside Dublin for similar duties and
responsibilities is unfair and discriminatory and should
be eliminated.
COLLEGE'S ARGUMENTS:
4. 1. In 1986 agreement was reached with the Unions
representing Caretakers/Porters in the VEC's (including
RTC's), regarding the rationalisation of rates of pay in
VEC's, except those employed in Dublin City, Co. Dublin,
Dun Laoghaire and Cork City. As a result of this
agreement, the pay of Caretakers/Porters in rural RTC's
is aligned to rural Local Authority General Operative
related grades for determination of rates of pay.
2. As part of the P.E.S.P. negotiations a separate
agreement was reached between the I.C.T.U. and Public
Service Employers, to rationalise the pay of all General
Operatives outside Dublin, with a view to reducing the
earnings gap between this group and those employed in
the Dublin area. The agreement provided for an overall
increase of #16.04 per week in the basic pay of rural
General Operatives related grades. The first phase of
this award was paid in December, 1994, effective from
the 1st January, 1993. However Dundalk and Carlow RTC
opted out of the agreement and are pursuing their claims
for absolute parity with D.I.T. The claim cannot be
conceded as it will breach the terms of the PCW Pay
Agreement which puts a limit of 3% on claims for
submission to arbitration.
RECOMMENDATION:
The Court has fully considered all of the views of the parties.
The Court finds that whilst there may be a case to be made for the
harmonisation of the terms and conditions of employment of the
RTC's and D.I.T.'s it is inappropriate that this be dealt with on
an individual College basis.
Accordingly the Court recommends that the agreement on the
rationalisation of pay of Public Service General operatives
outside Dublin be applied to the employees here concerned.
~
Signed on behalf of the Labour Court
21st April, 1995 Tom McGrath
L.W./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.