Labour Court Database __________________________________________________________________________________ File Number: CD95507 Case Number: LCR15029 Section / Act: S26(1) Parties: BORD NA MONA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Regrading.
Recommendation:
The Court, having considered all of the views expressed by the
parties in their oral and written submissions, recommends that
given the circumstances in this case, the parties should agree an
internal mechanism to assess the jobs here concerned based on
objective criteria. The exercise to be completed within a period
of two months.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95507 RECOMMENDATION NO. LCR15029
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BORD NA MONA
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Regrading.
BACKGROUND:
2. The dispute concerns three workers who are employed by the
Bord as purchasing staff in the Peat Energy Division, Leabeg,
Tullamore. They are presently on the Grade 3 clerical level.
The Union's claim is that the three workers be upgraded to
the Technical Assistant 2c level on the grounds that the
workers' current grade and salary scale do not reflect their
level of duties and responsibilities. Management rejected
the claim stating that the workers are correctly graded. The
dispute was referred to the Labour Relations Commission and a
conciliation conference was held on the 3rd August, 1995.
Agreement was not possible and the dispute was referred to
the Labour Court by the Labour Relations Commissions on the
31st August, 1995. A Court hearing was held in Tullamore on
the 6th December, 1995.
UNION'S ARGUMENTS:
3. 1. The Union's claim is based on internal and external
comparators. Two other employees in the same area as
the workers concerned are graded at the 2c level. The
workers concerned have similar duties and
responsibilities but their salaries are substantially
lower. The Irish Purchasing Institute, in a survey of
pay levels found that workers involved in
buying/negotiating would receive a salary in the range
of £15,000 - £24,000 per annum.
2. The purchasing department was established in 1990, there
were 10 workers in the section. The current staff level
is 6. This has resulted in an increased workload for
all employees in the section (details supplied to the
Court).
3. There is an increase in the worker's output and a
qualitative change in their work since each new buyer
now processes his/her own orders. The claimants are
more involved in negotiations than heretofore bringing
more pressure and responsibility. They have given full
flexibility and co-operation, suggesting and
implementing changes in work practices. The range and
depth of the claimants' functions are not adequately
reflected in their current salary.
4. There will not be knock-on claims if the workers claim
is conceded. In previous years upgradings were secured
in all divisions of the Bord on the basis of changes
occurring over the years. Not one of these upgradings
was used as a precedent for other upgradings.
5. The Bord's external auditors have acknowledged the
significant increase in the area of the claimant's
responsibility, relating to their ordering authority and
limits.
BORD'S ARGUMENTS:
4. 1. The three workers concerned are correctly graded in the
clerical stream at Grade 3 level which is the highest
clerical grade. Their role, while changing like many
other grades, continues to have a predominantly clerical
bias, in sourcing, eliciting quotations for and ordering
goods. The level of responsibility is reflected in its
grading being at the top of the clerical stream.
2. The two comparators referred to by the Union have a
higher level of responsibility than the claimants which
is reflected in their grading at the 2c level. They do
not have a direct reporting role as the claimants who
report to the Head of Purchase.
3. Management acknowledges that there have been ongoing
changes and efficiencies in the Purchase Department and
that staff in all areas have contributed to
efficiencies. These must be seen in the context of
major changes and significant reduction in employee
numbers over the years. The changes are necessary to
ensure the Company's competitiveness.
4. While the changes in the Purchase Department have given
rise to a more streamlined and efficient operation, the
duties and responsibilities of the claimants have not
materially changed to the extent that regrading in this
area can be justified.
RECOMMENDATION:
The Court, having considered all of the views expressed by the
parties in their oral and written submissions, recommends that
given the circumstances in this case, the parties should agree an
internal mechanism to assess the jobs here concerned based on
objective criteria. The exercise to be completed within a period
of two months.
~
Signed on behalf of the Labour Court
19th December, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.