FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE DUBLIN (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Clause 2(iii) of the Programme for Competitiveness and Work (PCW).
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of its twelve members who are employed as Senior Laboratory Attendants at UCD. The workers are currently linked, for pay purposes, with staff in Dublin Corporation. The Union now wishes to break this and to establish a link with Laboratory Attendants in Enterprise Ireland. It claims that the College has not given due recognition to the grade of Senior Laboratory Attendants. The current pay scale for Senior Laboratory Attendants in UCD is £213.93 to £233.99. The Union is claiming that its members be moved to the first point of the Enterprise Ireland Laboratory Attendant scale which is £290.25.
The College rejected the claim on the basis that it is a regrading claim and outside the ambit of Clause 2(iii) of the PCW.
As no agreement was possible between the parties, the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 14th of May, 1999 but no agreement was reached. The dispute was referred to the Labour Court on the 14th of May, 1999 under Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 2nd of September, 1999.
UNION'S ARGUMENTS:
3. 1. The Union is committed to agree to productivity concessions as per Clause 2(iii) of the PCW should the claim be conceded.
2. There will be no knock-on effects as a result of this claim.
3. The Union would consider a link to a comparable grade in another third level institution if recommended by the College.
4. There is an overlapping of duties between Senior Laboratory Attendants and Technicians. Both grades interchange during sick leave and annual leave.
5. Comparisons between duties/responsibilities of the Senior Laboratory Attendants grade and similar grades within the Public Service indicates that our members are not getting due recognition from the College.
MANAGEMENT'S ARGUMENTS:
4. 1. The claim is cost increasing and is therefore outside the terms of Clause 2(iii) of the Programme for Competitiveness and Work.
2. Management has applied Clause 2(iii) of the PCW to all other manual grades within the College.
3. Concession of the claim would break the pay relativity that already exists with Laboratory Attendants, General Operatives, Groundsmen and manual workers, formerly linked to Dublin Corporation and currently to staff employed in the Health Boards and Local Authorities outside Dublin.
4. The Higher Education Authority (HEA) has indicated that it does not accept the basis of the Union's claim and are not prepared to fund its cost .
5. The College is prepared to negotiate with the Union on settlement terms for Senior Laboratory Attendants which will be similar to the settlement terms already agreed for the other manual grades represented by the Union.
RECOMMENDATION:
The Court has given consideration to the written and oral submissions of the parties. The Court is of the view that while the claim before the Court is under the auspices of Clause 2(iii) of PCW, in reality the increase sought is in excess of that being offered to the claimants under Clause 2(iii).
The Court recommends that the arrangements entered into for comparable categories within the College under Clause 2(iii) should be accepted by the Union on behalf of its members, i.e. an increase of £5.00 per week from the 1st of January, 1997 and £17.65 per week from the 1st of July, 1997.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th September, 1999______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.