FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DONEGAL COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Dispute concerning upgrading.
BACKGROUND:
2. The claim concerns two workers who are employed by the County Council as Waterworks and Sewerage Caretakers in Letterkenny. Both men are classified as Grade IV Caretakers since 1983. They disputed their grades before an Appeals Committee but they were unsuccessful. The Union maintains that in view of their increased workload and responsibilities the workers should be upgraded to Grade V. Management rejected the claim. The dispute was referred to the Labour Relations Commission and conciliation conferences were held on 9th May 1995 and 17 January 1996. Agreement was not possible and the dispute was referred to the Labour Court on the 4th April 1996. A Court hearing was held in Monaghan on the 11th July 1996.
UNION'S ARGUMENTS:
3. 1 The Council contends that the Union's claim is precluded under the P.C.W. in spite of the fact that this claim was the subject of protracted local negotiations before the P.C.W. was introduced.
The Council upgraded a Waterworks and Sewerage Caretaker in Buncrana from Grade II to Grade IV within the lifetime of the P.C.W.
2. The duties and responsibilities of both workers have increased considerably with the expansion of population in Letterkenny, i.e., Worker A has on average an operation capacity of approximately 1.7 million gallons of water per day plus responsibility for a sewerage plant at Kilmacrennan. He is on call 24 hours 7 days a week, and is directly responsible for approximately ten group schemes and forty miles of pipeline.
Worker B is responsible for the distribution of water to Letterkenny and has an operation capacity of approximately 1.7 million gallons of water per day. The sewerage plant alone of which he is caretaker services a population of 10,000 which in itself would qualify for the Grade V status of sewerage caretakers.
3. Because of the significant increase in both workers' duties and responsibilities they should be upgraded to Grade V. A waterworks caretaker in Killybegs qualifies and is paid at Grade V rate although he has less water capacity and no sewerage caretaker's responsibility.
COUNCIL'S ARGUMENTS:
1. In 1993 agreement was reached between the Local Government Staff Negotiations Board and the I.C.T.U. Group of Unions providing for an increase in remuneration of £16.04 per week, on a phased basis, for General Operative Grades in Local Authorities, including Water and Sewerage Caretakers. A condition of the agreement was that the increase would be in full and final settlement of all claims in respect of the Grades concerned for improvement in their pay and/or conditions of employment for the period of the P.E.S.P. Also, no new claims would be made or processed during the period of that agreement.
2. In the course of negotiations in 1994 in relation to the payment of the final phase of the £16.04 award, the Union agreed that no further cost increasing claims could be processed within the lifetime of the P.C.W. and, specifically, all local claims, would be in "cold storage" for the duration of the Agreement.
3. Worker A has an operation capacity of 1.6 million gallons per day and has responsibility for sewerage works serving Kilmacrennan population approximately 500. He does not satisfy the criteria set down for Grade V status. He has support staff at supervisory level and technical staff based in Letterkenny to provide back up.
4. It would appear that worker B meets the criteria under the population requirements. However, he has extensive support staff to assist him, including technicians, general operatives, fitters and plumbers under his supervision, some of whom are based at the treatment works.
RECOMMENDATION:
It is the view of the Court that there is merit in the claims as presented.
The Court recommends that the County Council put in train procedures for implementing the relevant grade changes, these to be applied from the termination date of the P.C.W.
Signed on behalf of the Labour Court
Finbarr Flood
24th July, 1996______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.