FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD GAIS EIREANN - AND - MANUFACTURING, SCIENCE, FINANCE DIVISION : Chairman: Employer Member: Worker Member: |
1. Regrading.
BACKGROUND:
2. In October, 1992, the Union lodged a claim for regrading from Clerical Grade 1 to Clerical Grade 2 on behalf of an employee who has worked for the Company since 1979. The Union claims that her duties and responsibilities have substantially increased, particularly since the introduction of a computerised Job Maintenance System in 1993. In October, 1993, a regrading claim was also lodged on behalf of a Design Draughtsman who has been employed by the Company since October, 1979. As a result of the restructuring of the Drawing Office in September, 1993, the Union claims that he now performs duties which were previously carried out by a Senior Draughtsman.
The Union proposed to refer the claims to the Labour Relations Commission in 1994, but the Company stated that a Job Evaluation System had been initiated and that it should be completed within four to six months. No further communication took place and the Union referred the dispute to the Labour Relations Commission. A conciliation conference was held on 19th January, 1995, at which the Company undertook to evaluate the jobs concerned. The conference resumed on 23rd November, 1995 but no agreement was reached concerning either job descriptions or the evaluation system. The Company rejected the Union's claims stating that the jobs were correctly graded. It was agreed to refer the dispute to the Labour Court on 22nd May, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute in Cork on 30th October, 1996, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The clerical worker's duties and responsibilities have substantially increased since her appointment. Her duties are comparable with those of Grade 2 clerical staff and exceed those of a similar position in Dublin. Her line manager has also recommended that her post be regraded to Grade 2.
2. The Design Draughtsman should be regraded to Senior Design Draughtsman as his duties and responsibilities have increased, particularly since 1993. He now undertakes duties which were previously the responsibility of a Senior Draughtsman. His innovative work on renewal project maps has also resulted in considerable cost savings for the Company.
COMPANY'S ARGUMENTS:
4. 1. Although the work content of both jobs has changed, similar to many other positions within the Company, the workloads have largely remained the same. The degree of change does not warrant regrading. Existing salary scales reflect previous agreements on changes in work practices and a special 3% payment under Clause 3 of PESP has also been made.
2. The terms of the PCW preclude cost increasing claims other than those provided for by the Agreement. National negotiations with all representative unions are about to commence, to agree a national pay structure. Job evaluations will be carried out and will identify any anomalies which may exist within the existing grading structure.
RECOMMENDATION:
The Court finds that the inordinate delays in dealing with these claims are not conducive to creating a climate of good industrial relations.
Accordingly, the Court recommends that, as a matter of urgency, the Company and the Union arrange for the jobs in dispute to be evaluated by an agreed assessor. The parties to discuss the outcome of the assessor's report with a view to resolving the dispute.
The assessment should be completed within a period of two months from the date of issue of this recommendation.
In the event that the parties are unable to agree the outcome of this exercise the Court is prepared to review progress and to issue a recommendation
Signed on behalf of the Labour Court
Tom McGrath
27th November, 1996______________________
D.G./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.