FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST. PATRICK'S COLLEGE, MAYNOOTH - AND - A WORKER (REPRESENTED BY MS. PAMELA MADIGAN) DIVISION : Chairman: Employer Member: Worker Member: |
1. Claim for regrading.
BACKGROUND:
2. The worker has been the Buildings Officer with the College since 1978 and is currently on a salary scale of Senior Administrative Officer III, which is equivalent to the academic grade of Senior Lecturer. Following representations from the worker to the College, he was promoted from Senior Administrative Officer IV to his current grade, in June, 1992. He subsequently sought regrading to Senior Administrative Officer II (Associate Professional grade). He claims that his equivalent in other senior colleges in Ireland are graded at Senior Administrative Officer I (Professorial). The worker's claim was rejected by the College. The dispute was referred to the Labour Relations Commission but the College declined to attend a Rights Commissioner's investigation. A conciliation conference was, however, arranged for the 6th of June, 1996, at which both parties attended. On the grounds that the worker was "legally represented", which the College viewed as inappropriate, the latter withdrew from the conciliation conference. The worker referred the matter to the Labour Court, on the 25th of June, 1996, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Court investigated the dispute on the 20th of September, 1996, the earliest date convenient to all parties.
WORKER'S ARGUMENTS:
3. 1. The range of duties performed by the worker (details supplied to the Court) justify his claim for regrading to Senior Administrative Officer II.
2. Upon his joining Maynooth in 1978, the floor area of the College was 42,000 square metres, with a student population of 1,700. The College has expanded to over 63,500 square metres with over 4,000 students. Accordingly, there is considerably more responsibility for the worker.
3. The Buildings Officer in comparator colleges (UCD, TCD, UCC, UCG) are all paid on the Senior Administrative Officer I scale. The worker in this dispute is paid at a level two grades below his counterparts in these colleges. In at least one college, the Assistant Buildings Officer is paid at a level one grade higher than the claimant (details supplied to the Court).
4. It has been the norm for St. Patrick's College to use UCD as a comparator for the grading of staff. Computer Department staff in Maynooth negotiated their salary scales on the basis of comparison with UCD. The duties of the Buildings Officer in St. Patrick's College are more onerous and demanding than those of the Head of the Computer Department who is at present on Senior Administrative Officer II scale.
5. The College claims that the worker has received considerable pay increases over the past number of years. The facts of the matter are that he was on the wrong salary-scale for 10 years or so and, accordingly, he was at a considerable financial loss for that period.
COLLEGE'S ARGUMENTS:
4. 1. The worker's position was re-graded by the College in June 1992, resulting in a 15.8% increase in salary and retrospective payments.
2. His claim has already been considered and rejected by the College's Administrative Staff Regrading Committee.
3. The worker's role concerns the management of the maintenance and improvement of the campus's physical resources and of new minor constructional projects. It does not extend to major physical campus planning and development, or the administration relating to these functions.
4. Concession of the claim could have serious implications for pay relativities within the College (details supplied to the Court).
5. Concession of the claim could have serious implications for pay relativities in other Universities (details supplied).
6. Concession of the claim would have knock-on effects for pension purposes; the claimant retires from his post on the 30th of September, 1997.
7. During the period from the 1st of January, 1990 to date, his salary has increased from £23,138.00 per annum to £41,394.00 per annum - an increase of almost 80%.
8. The claim is cost-increasing and can only be processed in accordance with the terms of the Programme for Competitiveness and Work.
9. The claimant's grading and salary-level adequately reflect the responsibilities attaching to the post of Buildings Officer in St. Patrick's College, Maynooth.
RECOMMENDATION:
Based on the evidence before it the Court does not find grounds for conceding the Employee's claim.
Signed on behalf of the Labour Court
Finbarr Flood
15th of October, 1996______________________
M.K./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.