Labour Court Database __________________________________________________________________________________ File Number: CD95596 Case Number: LCR14957 Section / Act: S26(1) Parties: OFFICE OF PUBLIC WORKS (OPW) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Rate of pay on re-deployment.
Recommendation:
It is clear to the Court that the alternative to the jobs on
offer, with the rates of pay as stated, was redundancy.
Taking this into account, and all the other issues involved in
this case, the Court recommends that the OPW's offer, including
the compensation, be accepted by the claimants.
Division: Mr Flood Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95596 RECOMMENDATION NO. LCR14957
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
OFFICE OF PUBLIC WORKS (OPW)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Rate of pay on re-deployment.
BACKGROUND:
2. The dispute concerns two works clerks on the Boyne/Bonet
drainage scheme which terminates in early November, 1995.
They have been offered alternative employment in the
Department of Arts, Culture and the Gealtacht (AC&G) on the
Shannon/Erne Waterway. The transfer would result in a drop
in pay for each of the two workers of approximately £20 per
week and £50 per week, respectively. The Union is seeking
the retention, on a red-circle basis, of the workers'
existing rates. This was rejected by the Office of Public
Works. The dispute was the subject of a conciliation
conference, under the auspices of the Labour Relations
Commission, at which it emerged that the Office of Public
Works was prepared to offer the workers compensation
equivalent to the loss of earnings for 1 year. This was
unacceptable to the Union. The dispute was referred to the
Labour Court, on the 17th of October, 1995, in accordance
with Section 26(1) of the Industrial Relations Act, 1990.
The Court investigated the dispute on the 25th of October,
1995.
UNION'S ARGUMENTS:
3. 1. During discussions on the future of the employees, the
issue of different rates of pay was raised. Management
agreed that the workers would retain their present
rates. By doing so they would automatically give up
their right to the 3% under the productivity payment of
the Programme for Competitiveness and Work. This was
agreed to by both parties.
2. Similar situations in the Public Service have been dealt
with on the basis that rates are protected and
maintained. Agreements concerning this matter exist
between the Union and FAS and between the Union and
Forbairt. There is no reason why the workers involved
in this dispute should be treated less favourably than
other workers.
3. The loss to each of the workers is substantial, in one
case amounting to approximately 20% of pay, and there is
little prospect of improvement of the situation in the
foreseeable future.
4. The matter of compensation was raised at conciliation
but the Office of Public Works was only prepared to make
a limited offer. The issue would be best resolved by
the retention of the present rates of pay.
OPW'S ARGUMENTS:
4. 1. Both of the workers concerned are relatively young, one
having the potential for 34 years' service and the other
the potential for 35 years' service. The fact that they
have had their present rates for 10 or 12 years would
not justify paying the same rates on a personal basis
over the next 34 or 35 years.
2. The agreement with the Department of AC&G provides that
the rates of these workers in their new employment
should be the same as apply to other workers on the
Waterway. The Office of Public Works is not in a
position to alter this. These are the same rates which
apply to the same grades in the Office of Public Works
and other Government Departments and are as agreed at
the Joint Industrial Council with all the Unions
concerned including S.I.P.T.U.
3. It would cause dissention amongst other workers on the
Waterway if some workers were paid a higher rate for
doing the same work.
4. The same concession could be claimed by all other
workers being offered alternative employment, and would,
most likely have to be conceded.
5. The Office of Public Works has given the workers an
alternative to redundancy in the form of employment on
the Shannon/Erne Waterway, at the rates of pay that
apply there.
RECOMMENDATION:
It is clear to the Court that the alternative to the jobs on
offer, with the rates of pay as stated, was redundancy.
Taking this into account, and all the other issues involved in
this case, the Court recommends that the OPW's offer, including
the compensation, be accepted by the claimants.
~
Signed on behalf of the Labour Court
7th November, 1995 Finbarr Flood
M.K./D.T. ____________________________________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.