FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRANSPORT SALARIED STAFFS' ASSOCIATION - AND - TRANSPORT SALARIED STAFFS' ASSOCIATION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Salary review claim.
BACKGROUND:
2. The claim is on behalf of staff in the Irish Office of the TSSA (the Union), who are paid on the basis of comparator grades in CIE. Following restructuring talks with CIE in 1999, the comparator grades were awarded pay increases, and had their pay dates brought forward by 2 months, from December to October. They were also awarded lump sums of £1600 - £2000. The Irish TSSA staff were awarded the pay increases from December 1999. The Union is seeking that its members should receive the same benefits as the comparator grades, (the actual claim is for a 6.75% increase from June, 1999, and 1.5% increase from October, 1999, plus the lump sums).
The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 12th of April, 2000. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 15th of May, 2000, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th of September, 2000.
UNION'S ARGUMENTS:
3. 1. The links to the CIE comparator grades were extended to all staff in the Irish office since 1994. The Irish secretary's salary was linked with CIE since 1991.
2. By not paying the lump sum or bringing forward the dates of the 2 pay increases, the TSSA management is not abiding by its own contention that the Irish staff are aligned to CIE. If the claim is not conceded, the Irish staff will be paid less than the comparators in CIE.
MANAGEMENT'S ARGUMENTS:
4. 1. The lump sums awarded to the CIE comparator grades were part of a productivity deal. This does not mean the same should extend to the Irish staff in the TSSA, as they were not involved in that deal.
2. The original agreement in 1991 was linked with the executive grade scales in CIE. Bringing forward the pay dates and paying the lump sums to the CIE staff does not have a bearing on the pay formula and agreement that exists with the Irish staff.
RECOMMENDATION:
The Court, having considered the written and oral submissions, recommends that the dates of the pay increases be the same as the comparator grades, June and October, 1999.
The Court does not recommend concession of this Union claim for the lump sum payment.
Signed on behalf of the Labour Court
Finbarr Flood
20th September, 2000______________________
CON/CCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.