Labour Court Database __________________________________________________________________________________ File Number: CD95450 Case Number: LCR14920 Section / Act: S26(1) Parties: BORD NA MONA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Re-hearing from Labour Court Recommendation No. LCR 14680
Recommendation:
The Court is concerned that, despite time given to the parties to
try to resolve this problem, no realistic negotiations have taken
place during this period.
It is clear that while there is no formal assessment system, the
parties have been able to resolve any differences that may have
arisen in the past.
The Court finds it very difficult to assess the value of these
jobs without having a detailed knowledge of the other jobs in the
system and the method used by the Company for assessment.
The Court, therefore, recommends as follows:-
(1) The Union to accept the proposed restructuring.
(2) A third party, such as the I.P.C., be brought in to assess
the jobs affected by this change.
(3) The grading levels decided on by the third party to date
from a date to be agreed by the parties, but not later than
1/10/95.
Division: Mr Flood Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95450 RECOMMENDATION NO. LCR14920
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BORD NA MONA
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Re-hearing from Labour Court Recommendation No. LCR 14680
BACKGROUND:
The dispute concerns the Company's proposed changes to its
grading structure in the wages/costing section in the Peat
Energy Division at two locations, namely Derrygreenagh and
Mountdillon. The specific issues in dispute are as follows:
Derrygreenagh: (1) Management appointed a worker as Grade 3
clerk. The worker will continue to carry out duties in the
costing area which, management claims, is in line with other
divisions in the Company. No further appointments are to be
made in this area.
(2) There is currently a permanent Grade 2 and a temporary
Grade 2 worker. Acceptance of the Company's proposals would
result in the temporary worker being made permanent. A
typist has been upgraded to Grade 1 clerk.
Mountdillon: The Union's claim is for the upgrading of a
worker from Grade 1 to Grade 3. The Company would be
agreeable to a Grade 2 promotion for the worker.
The dispute was the subject of Labour Court hearing LCR 14680
on 26th January, 1995. In its recommendation, the Court
recommended that further discussions should take place
between the parties, to be completed within five weeks of the
date of the recommendation, issued on 14th February, 1995.
In the event of no agreement being reached, either side could
request a re-hearing. The Union wrote to the Court on 3rd
May, 1995, requesting a re-hearing.
UNION'S ARGUMENTS:
1. The Company has failed to discuss the issues in dispute in
any meaningful way, despite the Court's recommendation to do
so. Instead, it has made a unilateral decision to implement
the grade changes. A meeting on 29th March, 1995, had to be
postponed when the Company refused permission for a shop
steward to attend. At the reconvened meeting on 27th April,
1995, management made no constructive proposals. The Union
was prepared to listen to any reasonable offers.
COMPANY'S ARGUMENTS:
1. There have been major changes in structures/gradings in all
locations in recent years. The changes proposed by the
Company are necessary. In Derrygreenagh, the Company has
appointed a Grade 3 worker, upgraded a typist to Grade 1, and
will make permanent a temporary Grade 2 worker, if its
proposals are accepted.
2. The worker concerned at Mountdillon has responsibilities for
Grade 2 work. He has not, and will not be asked to assume
the duties/responsibilities of the previous Grade 3 worker.
RECOMMENDATION:
The Court is concerned that, despite time given to the parties to
try to resolve this problem, no realistic negotiations have taken
place during this period.
It is clear that while there is no formal assessment system, the
parties have been able to resolve any differences that may have
arisen in the past.
The Court finds it very difficult to assess the value of these
jobs without having a detailed knowledge of the other jobs in the
system and the method used by the Company for assessment.
The Court, therefore, recommends as follows:-
(1) The Union to accept the proposed restructuring.
(2) A third party, such as the I.P.C., be brought in to assess
the jobs affected by this change.
(3) The grading levels decided on by the third party to date
from a date to be agreed by the parties, but not later than
1/10/95.
~
Signed on behalf of the Labour Court
3rd October, 1995 Finbarr Flood
C.O.N./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.