FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH ASSOCIATION OF COMMUNITY TRAINING ORGANISATIONS - AND - SIPTU (MPGWU DIVISION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Grading structure.
BACKGROUND:
2. The Irish Association of Community Training Organisations (IACTO) was established in 1993 to provide a forum for the exchange of information and to support the work carried out at local level by voluntary boards of management. The 43 community training workshops operate as independent local agencies that collaborate with FAS in the provision of programmes in return for agreed levels of funding. Each workshop has a voluntary management committee comprising of local representatives and statutory agencies. FAS provides grant aid to cover the capital, materials and trainee payments associated with the running of each workshop. Staff costs, which arise as a result of employment by the management committee, are submitted to FAS annually as part of the budget.
In September, 1999, as a result of mediation between FAS as the funding agency, and SIPTU, IACTO was reconstituted to act as the national employer representative body for the boards of management. The newly constituted body provides support for local boards of management and acts as national structure for the resolution of industrial relations issues.
The dispute concerns a claim for retrospection of a Labour Court Recommendation to 1989 and upgrading of Community Training Workshop Managers from 1997.
In 1989 a dispute between the board of management of Tullamore Community Training workshop, managers and staff was referred to the Labour Court. The Union's claim at the Labour Court hearing was that the pay and conditions of workers in community training workshops should be aligned to comparable FAS grades. Specifically for managers SIPTU's claim was that "The FAS section head scale, grade 8 be applied plus an additional amount in order to establish an appropriate differential between managers and trainers". On the 20th September 1989 the Court recommended:-
"The Court has considered the submissions from both parties and noted that F.A.S. did not wish to attend a hearing or make any submissions on the matter in dispute. The Court also notes the provisions of the contract between F.A.S. and the Management Committee of the Workshops. On the basis of the submissions made the Court is satisfied that there is merit in the Unions claim and accordingly recommends that:-
- (a) Salaries of the claimants be brought in line with comparable F.A.S. Grades with effect from the termination date of the Programme for National Recovery and implemented in accordance with the agreed terms for special claims under that programme."
The Board of Management of Tullamore Community Training Workshop was not in a position to implement the Labour Court Recommendation and the matter remained unresolved until 1997. In 1997 the ICTU brokered a deal between FAS and SIPTU on behalf of all community training workshop managers and staff in order to resolve ongoing industrial relations difficulties and to provide a mechanism for implementing the Labour Court Recommendation. The outcome of this deal provided managers with 26% pay increase implemented over three years, January 1st 1997, 1998, 1999. This agreement brought managers into line with FAS grade 8 scale over a 3 year period. The 1998 agreement was accepted by SIPTU and has been implemented in full. The agreement did not provide for any retrospective payments in respect of the 1989 Labour Court Recommendation.
As the parties could not reach agreement the issue was referred to the Labour Court on the 5th January, 2001 in accordance with Section 26(1)(a)(b) of the Industrial Relations Act 1990. A Labour Court hearing took place on 23rd February, 2001.
UNION'S ARGUMENTS:
3. 1. As far as the Union is concerned this case turns upon two items.
(a) The implementation of LRC12565 of 1989.
(b) Whether or not the 1997 agreement supersedes LRC12565 of 1989.
2. Supervisors in Community Training Workshops were aligned to Section Heads in FAS. The Section Head position was eliminated. A number of Section Heads were promoted to Grade 7 and Supervisors argue that this is the appropriate grade for them now.
COMPANY'S ARGUMENTS:
4. 1. The terms and conditions of the 1997 deal for community training workshops were implemented in full as agreed between FAS and SIPTU. Since June 2000 IACTO negotiated a competitive incremental pay scale for all staff.
2. This claim which is cost increasing is in breach of the Programme for Prosperity and Fairness.
3. As part of the re-structuring deal the position of section head was abolished. Those on grade 8 scale had the opportunity to apply for grade 7 positions in the new structure. Those who did not apply or were not successful were assigned to other positions within FAS and continued on the grade 8 scale.
RECOMMENDATION:
Having heard the arguments made by both sides to this dispute, the Court is of the view that the proposal put forward by ICTU in June 1997 and accepted by the members involved in this claim, dealt with the issue of the implementation of Labour Court Recommendation No 12565.
The Labour Court Recommendation issued in 1989 had not been implemented prior to the resolution of the matter in 1997. The resolution proposed at the time included certain modifications, which, while not being totally to the manager's satisfaction did form the basis of a settlement, was voted upon and accepted as such.
Therefore, the Court can see no reason to alter the position as agreed in July 1997.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th March, 2001______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.