FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE CORK - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Restoration of differential.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of 25 Departmental Operatives and 3 Laboratory Aids employed by the College for the restoration of a 14% differential over that of the Security Services Operatives.
The 14% differential was established in 1984 under the terms of a formula worked out by an agreed third party.
The College rejects the claim stating that it is cost increasing and if conceded would have national implications.
Local discussions could not resolve the dispute. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 15th of October, 1999. As agreement was not reached, the dispute was referred to the Labour Court on the 9th of May, 2000, under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd of August, 2000, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. A differential of 14% has been in existence since 1984 and was introduced for specific reasons. There has been a significant erosion of this differential which must now be addressed.
2. The claim is fair and reasonable and will have no knock on effects for the College.
COLLEGE'S ARGUMENTS:
4. 1. The workers concerned have accepted national wage increases and analogue increases in the full knowledge that it would lead to the erosion of the maximum differential between their grade and the grade of Security Services Operatives.
2. This is a cost increasing claim and if conceded will have national implications.
RECOMMENDATION:
Having considered the submissions of the parties the Court is satisfied that the erosion in the differential applicable to the claimant grade is now significant.
In line with the agreement between the parties, the Court recommends that this differential should now be restored to its maximum of 14%.
Signed on behalf of the Labour Court
Kevin Duffy
31st August, 2000______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.