FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : UNIVERSITY COLLEGE DUBLIN (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Claim for regrading of a member of the portering staff.
BACKGROUND:
2. The claim is on behalf of a porter in the College's Archives department and is for his regrading from the highest point (6) of the Porters' scale to point 4 of the 7-point Services' scale. The claim was rejected by the College. The dispute was the subject of a Labour Court hearing on the 11th of March, 1996, which was adjourned pending discussion on the matter between the parties. Agreement was not reached and the Court hearing was resumed on the 4th of November, 1996.
UNION'S ARGUMENTS:
3. 1. In the late 1980s/early 1990s, the College established a new 7-point Services scale. Porters were encouraged to opt for the new scale, which incorporated unsocial hours allowances. Porters who agreed to move to the Services' scale and who retained the regular 5-day, Monday to Friday, working week, were placed on point 4 of the scale. That position prevails at present. Other Porters who opted for the Services scale and who were obliged to work unsocial hours in the evenings, or at weekends, progress to the 7th and maximum point of the scale.
2. The work being performed by the Porter in question is essentially the same as that of several of his colleagues who are on point 4 of the Services scale. The working week of the claimant and those colleagues are identical. Despite this, his rate of pay is approximately £31 below theirs.
3. An evaluation of the posts concerned by an agreed, independent assessor would be acceptable to the Union.
COMPANY'S ARGUMENTS:
4. 1. All members of the Services Department have a 7-day liability as part of their conditions of employment whereas the claimant has only a 5-day liability.
2. The duties of Services staff are many and varied and flexibility, mobility and shift work are key issues in the grade. Services Stewards work for the Services Department which dispenses them as it sees fit whereas portering staff are attached to a particular Department.
3. The responsibilities of the Services Stewards differ considerably from those of the claimant. The Archives Department, where he works, is only a small section in a very large building in the Belfield campus (details supplied to the Court). The claimant provides security duties only for his own Department. The rest of the building is serviced by the Services Department.
RECOMMENDATION:
The Court, having fully considered all aspects of this case, does not find that sufficient grounds have been put forward to substantiate a claim for regrading.
Signed on behalf of the Labour Court
Finbarr Flood
15th November, 1996______________________
M.K./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.