Labour Court Database __________________________________________________________________________________ File Number: CD9693 Case Number: LCR15144 Section / Act: S20(1) Parties: BLAIR BUILDERS LIMITED TRADING AS BROWNE CONSTRUCTION COMPANY (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appropriate grade for two employees.
Recommendation:
The Court, having considered the submissions of the parties, finds
that the workers here concerned are carrying out work and using
equipment appropriate to Grade 2 employees.
The Court accordingly recommends that they be paid the Grade 2
rate of pay applicable from September, 1995 and that they be
available to carry out work within this grade.
Division: Mr McGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9693 RECOMMENDATION NO. LCR15144
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
BLAIR BUILDERS LIMITED TRADING AS BROWNE CONSTRUCTION COMPANY
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appropriate grade for two employees.
BACKGROUND:
2. The Company is contracted by Shannon Development on an annual
basis to provide building and water maintenance services.
The dispute concerns a claim for the upgrading of 2 general
operatives from Grade 3 to Grade 1. The Union claims that
the duties performed by the workers concerned are
commensurate with Grade 1 as defined in the Registered
Agreement for the Construction Industry. The Company argues
that their duties bear no resemblance to the responsibility
and skills required at Grade 1 level and that, in fact, the
workers enjoy more favourable conditions than those specified
in the Registered Employment Agreement.
In September, 1995 the Union referred the dispute to the
Labour Relations Commission, but the Company declined an
invitation to attend. The Union then referred the dispute to
the Labour Court on 12th February, 1996 in accordance with
Section 20(1) of the Industrial Relations Act, 1969. A
Labour Court hearing took place on 2nd April, 1996 in
Limerick.
UNION'S ARGUMENTS:
3. 1. Although the duties and responsibilities of the workers
concerned are not mainstream construction site work,
they are paid in accordance with Construction Industry
Operative Grade 3. The list of their duties, supplied
to the Court, shows that they equate to Grade 1 and are
certainly higher than their current Grade 3.
2. The workers operate flexible arrangements to the benefit
of the Company, for which they receive no extra payment.
3. The workers are paid for 42.5 hours per week while
actually working for 34 hours, excluding flexibility.
It is understood that payment for the additional hours
is, in fact, an historical payment related to travel.
COMPANY'S ARGUMENTS:
4. 1. The application of Grade 1 is neither justified nor
warranted, as the workers' duties reflect none of the
skills or responsibilities attached to Grade 1. Indeed,
they do not fulfil all the skill requirements of a Grade
2 operative, performing only a restricted number of
Grade 2 duties.
2. The workers' wages and conditions are significantly more
favourable than those provided for in the Registered
Agreement. Based on a 34 hour working week, their
hourly rate is vastly in excess of the Grade 1 rate.
The Agreement also specifies a 39 hour working week and
does not provide for the payment of Dirty Money and
Flexibility Allowances as they are currently paid to the
workers.
3. Concession of the claim based on a notional 42.5 hour
calculation would distort established relativities and
lead to knock-on claims. It is a cost increasing claim
which is precluded under the terms of the PCW.
RECOMMENDATION:
The Court, having considered the submissions of the parties, finds
that the workers here concerned are carrying out work and using
equipment appropriate to Grade 2 employees.
The Court accordingly recommends that they be paid the Grade 2
rate of pay applicable from September, 1995 and that they be
available to carry out work within this grade.
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Signed on behalf of the Labour Court
19th April, 1996 Tom McGrath
D.G./S.G. ----------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.