FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IARNROD EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION TRANSPORT SALARIED STAFFS' ASSOCIATION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Hearing arising from LCR15152.
BACKGROUND:
2. The dispute before the Court concerns the Unions' claim on behalf of 21 engineering clerks for regrading to Clerical Officer Class 3.
On the 29th April, 1996 the Court issued Recommendation No. LCR15152 in which it recommended that the parties agree an independent third party, to undertake a job assessment exercise and to report back to the Court who would then make a definitive recommendation.
The job assessment exercise was undertaken by the Irish Productivity Centre and the matter was referred back to the Court.
The Court investigated the matter on 12th May, 1997. The Court's recommendation is as follows:-
RECOMMENDATION:
At this hearing arising from LCR15152 the Company raised a number of concerns in relation to the exercise undertaken by the IPC.
The main areas of concern were:-
(a) The inclusion by the IPC of a recommendation in the report.
(b) Perceived level of inaccuracies and embellishments in job descriptions.
(c) Understanding that the IPC would refer back to the Company in relation to
(b) before proceeding with the exercise (following meeting of 10th
January, 1997).
The Court met with the IPC representative following the hearing to discuss the above and the report.
The IPC acknowledged that an error had been made in relation to (a), for which it had apologised, but it does not accept the Company's position on (c). Its understanding of the outcome of the meeting was that it was asked at the conclusion of the meeting to ensure that the Company's concerns were taken into account before issuing the report.
On (b) above and the matter raised in the submissions of 12th May, 1997, the IPC is adamant that the Company concerns were taken into account and the IPC fully stands over the report.
Having considered all the information before it the Court finds that there is merit in the Unions' claim.
The Court accordingly recommends that the Company commence discussions with the Unions on the assimilation of the Engineering Clerks into Clerical Officer Class 3. These discussions must address the practicalities involved and should include the commitments given by the Unions to address the question of hours of work and cost effect in a meaningful manner.
Signed on behalf of the Labour Court
Finbarr Flood
19th June, 1997______________________
F.B./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.