FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SHOWERINGS IRELAND LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Claim for Grade 2 - bottle sorting.
BACKGROUND:
2. In 1987 a revised grading structure was agreed between the parties. Duties were defined and jobs were allocated to grades ranging from 1 to 5. The Union's claim for payment of the Grade 2 premium of £17 per week is on behalf of 28 female Grade 1 workers who carry out one to one and a half elements of Grade 2 duties. The Company states that the Grade 2 job is comprised of six separate elements (details supplied to the Court) and that all elements must be carried out in their entirety to warrant payment of the Grade 2 premium.
The dispute was the subject of two conciliation conferences under the auspices of the Labour Relations Commission on 24th April, 1996, and 23rd May, 1996. As agreement could not be reached the Union requested referral to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on 1st October, 1996, in Clonmel.
UNION'S ARGUMENTS:
3. 1. The Union has consistently maintained that any aspect of Grade 2 duties performed should be remunerated in accordance with the Grade 2 rate. The Company's interpretation of the grading system is unreasonable and conveniently selective.
2. The Union has repeatedly requested the Company to allow the Union's industrial engineer to carry out a study. This request has been denied, as has the request for an independent study, possibly under the aegis of the Irish Productivity Centre.
3. Male operatives in the area who do not carry out all aspects of Grade 2 are paid at the Grade 2 rate, yet the Company refuses to pay female operatives at the same rate. The Company has also refused the Union's offer at conciliation to interchange the work of some of the male and female workers.
COMPANY'S ARGUMENTS:
4. 1. The agreed grade structure is well defined and long established. The job content is unchanged in more than 20 years and has always attracted the appropriate grade rate for job completion.
2. The Company is willing to pay the Grade 2 rate to any workers who carry out the job in its entirety. The elements of the job are well within the scope of any employee and training can be provided if required. The Union has failed to cite any grounds or impediments which would hinder employees from carrying out this job.
3. Concession of the Union's claim would have immediate and vast implications on the very essence of the grading structure and would destabilise the entire scheme.
RECOMMENDATION:
The Court finds that to achieve Grade 2 pay there must be a liability to carry out all of the elements of the job as may be required at any time.
Subject to the employees accepting that they have a liability to carry out any or all of the elements of the job should they be requested to do so by Management, the Grade 2 rate should be paid.
The Court so recommends.
Signed on behalf of the Labour Court
Tom McGrath
22nd November, 1996______________________
D.G./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.