FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT. OF EDUCATION/ ST. KEVIN'S BOYS NATIONAL SCHOOL - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Upgrading.
BACKGROUND:
2. The worker is a school secretary at St. Kevin's Boys National School. The claim is for her upgrading (from Grade III to Grade IV) in recognition of extra duties performed. She has been school secretary since 1980.
In 1993, a pilot scheme was set-up by the Department involving 2 schools - St. Kevin's and St. Joseph's Junior National School, Ballymun. The scheme provides for the setting up a teacher supply panel by the 2 school secretaries to service 22 schools in the Finglas/Ballymun area. The operation of the panel consists of a placement service for a group of teachers who cover absences of permanent teachers in the 22 schools.
The Union believes that the extra duties involved for the worker (details supplied to the Court) warrant her upgrading to grade IV. The Department's view is that the work is part of her normal schedule of duties, and does not merit any additional benefits.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 1st of December, 1998. As there was no agreement, the dispute was referred to the Labour Court on the 14th of April, 1999, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th of July, 1999, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
1. The pilot scheme was set-up without any discussion or agreement with the Union.
2. The secretary from St. Joseph's school was subsequently regraded to Grade IV under a review carried out under the Programme for Competitiveness and Work. The worker concerned should also be regraded for doing the same work.
3. In addition to being responsible for the actual physical placement of teachers, the worker is also responsible for all administrative work, including record keeping, associated with the scheme. These duties are in addition to her normal duties as school secretary.
4. The supply panel scheme is regarded as a great success by all who participate in it. It has been extended around the country to other disadvantaged areas.
DEPARTMENT'S ARGUMENTS:
1. The duties attached to the post of school secretary are clearly outlined in Circular 19 of 1978. The work involved in the pilot scheme is part of these duties.
2. Although the administration of the panel may add to the worker's duties, it does not appear to be onerous, and does not warrant an upgrade to Grade IV, which would amount to an increase of over £3,000 per annum. The work is shared with the School Principal.
3. The claim is precluded under the terms of Partnership 2000 as it is cost increasing.
4. The work involved is usually for less than 1 hour per day. The worker's normal day ends at 4.00 p.m. instead of 5.00 p.m.
5. Grade IV applies to school secretaries where there are 40 or more teachers employed in the school.
RECOMMENDATION:
The Court has considered the submissions of the parties and recommends that a job evaluation should be carried out to assess the extra duties and responsibilities involved in the administration of the Teachers' Supply Panel.
The results of the evaluation should form the basis of a discussion between the parties.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th July, 1999.______________________
CON/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.