FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MAYO COUNTY COUNCIL (REPRESENTED BY THE LOCAL GOVERNMENT MANAGMENT SERVICES BOARD) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. Claim for full incremental progression for branch librarians.
BACKGROUND:
2. The library service is organised on two levels. The large libraries are staffed by full-time staff and are open on a full-time basis. The remainder of the library service throughout the country is provided by the branch libraries. The branch libraries are open on a part-time basis and are staffed by part-time branch librarians.
The workers concerned are employed as part-time branch librarians by the Mayo County Council. They are paid at the minimum point of the library assistant scale. In June, 1995 the Union lodged a claim for full incremental progression on behalf of the workers.
The claim was the subject of a conciliation conference at the Labour Relations Commission in November, 1995 at which the Council indicated that there was a national arrangement covering payment to part-time branch librarians. This provided for an hourly rate and the Council paid the national rate. Progress was not made at the conciliation conference and the Union reserved its position.
Subsequently negotiations took place at national level between the Union and the LGMSB but the parties failed to reach agreement and the matter was referred back to the Labour Relations Commission. A conciliation conference took place on the 6th May, 1997 at which the LGMSB indicated that it would be prepared to agree to incremental progression to point 5 of the Local Authority Grade 3 scale. This was not acceptable to the Union. As agreement could not be reached the dispute was referred to the Labour Court on the 27th May, 1997 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Castlebar on the 12th August, 1997.
UNION'S ARGUMENTS:
3. 1. The claimants' service with Mayo County Council ranges from 20 years to a minimum of 6 years and they should enjoy the same rights as other permanent workers employed by the Council who can aspire to full incremental progression.
2. The Court has consistently found in favour of pro-rata claims for part-time workers and in this case it has never been disputed by the employer that the work undertaken by the claimants is any different to that undertaken by their full-time colleagues.
3. The Union is seeking concession of full incremental progression to the maximum point of the Grade III library assistant scale with retrospective recognition for all claimants given their length of service with the Council.
4. The rate of pay for branch librarians was established at the minimum point of the salary scale of library assistant in 1984 by virtue of the permanent status enjoyed by these workers. The agreement reached in 1984 clearly inferred a recognition by the employer that the work of the branch librarian was equal in value to that of library assistant.
5. The only difference between this group of workers and all other staff employed by the Council who have access to full incremental progression is their part-time status. The less favourable treatment of workers by virtue of their part-time status has been acknowledged as constituting discrimination under Employment Equality legislation because of the profile of women workers in the part-time worker category.
6. Traditionally branch librarians have not been organised on a national basis and a wide diversity exists between the status of branch librarians in various local authorities. In addition, branch librarians in some areas do not have access to the Labour Court. Because of these factors, it has not been possible to advance this claim on a national basis.
7. The principle of equal pay for equal work is well established and the Labour Court has found on a number of previous occasions that part-time workers should be paid the same rate as full-time workers on a pro-rata basis.
8. These workers are direct employees of Mayo County Council and are entitled to be treated as favourably as the other workers in that employment. The denial of incremental progression and consequently the payment of a lower rate to some workers is totally unacceptable.
MANAGEMENT'S ARGUMENTS:
4. 1. There are common regulations which apply throughout the public service in relation to the granting of incremental credit for temporary and part-time staff. These regulations were initially introduced in relation to temporary staff and were later extended to cover part-time workers.
The main provisions of these agreements are as follows:-
A. Employees may be placed on the 3rd point of the scale after they have satisfied the criteria of having worked a minimum of two years reckonable service within the previous four years.
B. Employees may progress to the 4th and 5th point of the relevant scale according as an equivalent of a further years reckonable service is achieved.
C. Temporary and part-time workers may not progress beyond the 5th point of the scale.
Management's offer to introduce a salary scale for part-time branch librarians which would equate to the first five points of the library assistants scale is consistent with the above arrangements and as such is a fair and reasonable response. In fact this offer meets in full the Union's claim on this issue as set out in its letter of the 26th May, 1995 (details supplied).
2. At meetings with the Union it was indicated that management was prepared to apply the 5th point of the scale not only to the 14 claimants but also to the 240 other part-time branch librarians employed in local authorities throughout the country. The costs of this offer are considerable. If the offer was implemented from the 1st January, 1998 most of the staff would progress to the third point of the scale on that date. They would progress to the fourth point of the scale on the 1st January, 1999 and to the fifth point of the scale on the 1st January, 2000. Based on current pay rates this would result in an increase of £238,000 for 1998, an increase of £303,000 for the year 1999 and an increase of £368,999 for the year 2000. It should be noted that these figures do not include the initial cost of assimilating the part-time branch librarians on to the new library assistant's scale.
3. A similar claim for incremental credit to the maximum point of the scale came before the Labour Court recently as part of a claim on pay and conditions of nurses under the Programme for Competitiveness and Work. The Court in its recommendation number LCR15450 recommended progression as far as the 7th point only. In making this recommendation the Court stressed the unique position of nurses vis-a-vis other groups. It follows therefore that concession of the 7th point to nurses does not imply a similar concession to temporary and part-time workers. The Court in recommending the 7th point for nurses noted that the Unions had initially claimed for the 7th point only but had subsequently altered their claim to the maximum of the scale. In the case now before the court the initial claim was for the 5th point only but was subsequently altered to the maximum point.
4. The repercussive effects of concession of this claim are enormous. While this claim covers only 14 workers the outcome will affect the other 240 part-time branch librarians. The cost of concession of incremental progression to the maximum point as opposed to the 5th point will, when fully implemented be £53,000 per annum for Mayo County Council. If passed on to all of the other part-time branch librarians in the country the additional cost will be £1 million. However, the real repercussive effects of this claim are to be felt outside of the local authority service. This claim was originally a claim by branch librarians to have the terms of the health service agreement applied to them but subsequently was altered to seek the maximum of the scale. Concession of this claim therefore will have major implications for the health service.
5. The staff numbers in the health service for which concession of this claim could have implications are as follows:-
Paramedical staff 1000 whole-time staff - equivalent
Clerical & Admin. 1600 whole-time staff - equivalent
Non Nursing 3600 whole-time staff - equivalent
Nurses 5500 whole-time staff - equivalent
11700
The true number of staff which the above figures represent is in fact greater than 11,700 as these figures represent the whole-time staff equivalent and do not take account of the fact that it can take a number of part-time staff to equate to one whole-time staff. Therefore, the claim before the Court needs to be considered not only in the light of the 14 claimants but also in terms of the thousands of health care workers.
RECOMMENDATION:
The written and oral submissions of the parties were considered.
The Court notes the clear distinction made in the claim between the claimants who are permanent part-time employees and temporary workers.
The Court recommends that part-time branch librarians employed by Mayo County Council be granted full incremental progression to the maximum point of the Grade III Library Assistant Scale (pro-rata) as claimed.
The application date should be 10th June, 1995.
Signed on behalf of the Labour Court
Evelyn Owens
27th August, 1997______________________
F.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.