LCR16000

FULL RECOMMENDATION CD/98/505 RECOMMENDATIONNO.LCR16000 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : F�S AND 14 NAMED COMMUNITY EMPLOYMENT SCHEMES - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Employer Member: Worker Member:

SUBJECT:
1. Recommendation arising from LCR15822.





BACKGROUND:

2. In March, 1998 the Court issued Recommendation LCR15822 in a dispute between IMPACT and 14 named Community Employment Schemes. The Court recommended as follows:

1. The Unions representing CE supervisors and representatives of CE sponsors should establish a working group, in which F�S and its parent Department should be invited to participate without any imputation of employer-related responsibility. The Court will nominate a Technical Assessor to work with this working group in establishing a basis of fair comparison for the pay of CE supervisors, having regard to their range of skills, responsibilities and working conditions.

2. F�S should be requested to provide the necessary facilities and funding for this exercise (including the costs of the Technical Assessor).

3. The Technical Assessor will report to the Court which will then issue a further recommendation.

4. As an immediate measure any outstanding increases due under National Agreements should be implemented.


Subsequently, the Court nominated Ms. Janet Hughes, Right Commissioner, as Technical Assessor for the purposes of the Recommendation. The Technical Assessor reported to the Court in October, 1998.

The Court notes that SIPTU were party to the Working Group and, therefore, their members are covered by the terms of this Recommendation.

The Union brought the case under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.




RECOMMENDATION:

Having considered the report of the Technical Assessor, together with the submissions of the parties made at the hearing held in February, 1998, the Court recommends as follows:

(a) Retention of the two scale system i.e. Supervisors on schemes with less than 15 participants to be on a lower rate of pay and Supervisors on schemes with more than 15 participants to be on a higher rate of pay.

(b) Equalisation of rates of grant for pay of Supervisors and for materials between voluntary/community schemes and schemes in public bodies. In practice, this means that F�S will provide a grant to cover the full cost of the salary and the employers PRSI in line with the recommended rates. The materials grant for all schemes will then be �12 per participant per week. There would need to be transitional arrangements for schemes in Public Bodies where additional grants for materials may be needed before the next roll over date. This would be a matter between F�S and the local sponsor.

(c) Introduction of a four-point salary scale for Supervisors and Assistant Supervisors. See attached Appendix A.

(d) Assistant Supervisors will progress on a scale to a point approximately �2,000 below the maximum of the lower Supervisors’ scale (see attached). They will be required to complete the Development Training course.

(e) Assimilation of all Supervisors as of the 1st of March, 1998 to the second point of the scale from that date, to point 3 in March, 1999 and to point 4 in March, 2000. The exceptions will be those with 5 years service or more on the 1st of March, 1998, who will progress to the 3rd point at that date and to the 4th point on the 1st of March, 1999.


Supervisors recruited after the 1st of March, 1998 will progress to the 2nd point on the 1st of March, 1999 and by annual increments on that date in subsequent years until they reach the maximum of the scale. Those recruited after the 1st of March, 1999 will commence at point 1 and move by annual increments on the 1st of March thereafter.

(f) A flat rate increase of 8% for all Supervisors on the non-development rate from the 1st of March, 1998 with no incremental progression thereafter.

(g) Supervisors and Assistants who move to another scheme will retain their point of scale on a personal basis if the scheme to which they transfer falls into the lower paid category. If the scheme is the same size or bigger, they will retain their point of scale and progress on through the incremental scale.

(h) Where the size of scheme is reduced below the threshold by F�S, the Supervisor will retain his or her rate at their existing point of the scale on a personal to holder basis.

(i) As per the attached Appendix, Supervisors will receive the remaining basic increases due under Partnership 2000.

(j) All outstanding basic increases due under National Agreements are included in the new scales and assimilation.

(k) The 2% “Special” Clause under Partnership 2000 is included in these scales and the assimilation.

(l) The future pay linkages for Supervisors will be with the Managers in Community Training Workshops. However, this relationship will apply only after the expiry date of Partnership 2000 and excluding any increase to the comparator grade under the 2% “Special” Clause in Partnership 2000 even if that amount exceeds 2%.

(m) As part of this agreement Supervisors and Assistants will be required to implement any operational changes required by F�S and any increase in participant numbers within the existing thresholds required by F�S.


This Recommendation supersedes all previous Court Recommendations in relation to Community Employment Supervisors. It is made on the basis that there will be no further cost increasing claims during the currency of Partnership 2000.



Signed on behalf of the Labour Court



Kevin Duffy
2nd November, 1998______________________
L.W./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.

Proposed Scales - Community Employment SupervisorsScales constructed initially as equal value increments

1998

Proposed Scales at 1/3/98

Scale	Supervisor <15 Participants Development	Supervisor >15 Participants Development	Assistant Supervisor	Supervisor 5-14 Participants Non-Development	Supervisor 15 or more Non-Development
	�	�	�	�	�
Point 1	11,073	15,007	10,078	10,400	11,786
Point 2	12,272	16,036	10,957	n/a	n/a
Point 3	13,471	17,064	11,835	n/a	n/a
Point 4	14,670	18,093	12,714	n/a	n/a

Proposed Scales at 1/7/98 (inlcudes P2000 due on 1/7/98 {2.25% Gen.})

Scale	Supervisor <15 Participants Development	Supervisor >15 Participants Development	Assistant Supervisor	Supervisor 5-14 Participants Non-Development	Supervisor 15 or more Non-Development
	�	�	�	�	�
Point 1	11,323	15,345	10,304	10,634	12,051
Point 2	12,549	16,397	11,203	n/a	n/a
Point 3	13,774	17,448	12,101	n/a	n/a
Point 4	15,000	18,500	13,000	n/a	n/a

Scales constructed initially as equal value increments

1999

Proposed Scales at 1/7/99 (inlcudes P2000 due on 1/7/99 {1.5% Gen.} excluding productivity element)

Scale	Supervisor <15 Participants Development	Supervisor >15 Participants Development	Assistant Supervisor	Supervisor 5-14 Participants Non-Development	Supervisor 15 or more Non-Development
	�	�	�	�	�
Point 1	11,493	15,575	10,459	10,794	12,232
Point 2	12,737	16,643	11,371	n/a	n/a
Point 3	13,981	17,710	12,283	n/a	n/a
Point 4	15,225	18,778	13,195	n/a	n/a

2000

Proposed Scales at 1/4/2000 (inlcudes P2000 due on 1/4/2000 {1.0% Gen.}

Scale	Supervisor <15 Participants Development	Supervisor >15 Participants Development	Assistant Supervisor	Supervisor 5-14 Participants Non-Development	Supervisor 15 or more Non-Development
	�	�	�	�	�
Point 1	11,608	15,731	10,563	10,902	12,354
Point 2	12,864	16,809	11,484	n/a	n/a
Point 3	14,121	17,887	12,406	n/a	n/a
Point 4	15,377	18,965	13,327	n/a	n/a