FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WESTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR1274/00/CW.
BACKGROUND:
2. The worker has been employed as an Agricultural Tractor Driver since 1956 . Because of loss of service pay, due to the introduction of incremental scales of pay in 1980, he receives a rate of pay which is 90% of the craftsman rate. The worker worked as a tractor driver on the farm until its demise in 1987 at which time he took over the position of Van Driver. The worker sought a £30 per week increase in respect of the increased work level imposes on him since 1997. The Company rejected the claim. They contended that the other drivers receive less than the claimant and that any growth in duties is tantamount to a re-allocation of work rather than added responsibility.
The dispute was referred to the Rights Commissioner for investigation and recommendation. On the 16th August 2000, the Rights Commissioner recommended:
"I recommend that (the worker) accepts the Board's position on this dispute."
(The worker was named in the Rights Commissioner's recommendation).
On the 27th September, 2000 the Union appealed the Rights Commissioner's recommendation to the Labour Court in accordance with Section 13 (9) of the Industrial Relations Act, 1969 and the Court heard the appeal on the 31st January 2001.
UNION'S ARGUMENTS:
3. 1. The revised rate of pay was given because of loss of service pay and not for duties carried out at the time.
2. The worker took on additional duties in the late 1980's without complaint or reward.
3. In 1997 the workload leapfrogged to unbelievable demands due to the Supplies Services being centralised at Ballinasloe.
4. The worker has 44 years service with the Health Board .
COMPANY'S ARGUMENTS:
4. 1. The worker is in receipt of more pay than other drivers employed by the Health Board. He is paid overtime and subsistence.
2. Any change in the worker's duties is due to re-allocation of work rather than added responsibilities.
DECISION:
The Court having considered the written and oral submissions made by the parties upholds the Rights Commissioner 's recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
6th February, 2001______________________
HMCD/CCChairman
NOTE
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.