FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL CAR TESTING SERVICE (REPRESENTED BY MANAGEMENT SUPPORTSERVICES (IRL) LIMITED) - AND - AGEMOU DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Pay Increase for 25 workers (14 Customer Care Agents and 11 Car Marshals).
BACKGROUND:
2. In early February, 2001, a dispute concerning pay and other issues relating to approximately 200 workers was the subject of a Labour Court investigation. On the 23rd February, 2001, the Court issued LCR 16742 and, in relation to clerical staff, recommended as follows:
" No negotiations have taken place at conciliation on the position of Team Leaders and Clerical Staff. Following acceptance of this recommendation the parties should enter into immediate negotiations on the claims made on behalf of these categories. These negotiations should proceed, if necessary, through normal procedures, including reference of outstanding issues to Conciliation and the Court".
The clerical staff referred to in the recommendation included Customer Care Agents and Car Marshals.
Subsequently the parties entered negotiations under the auspices of the Labour Relations Commission but agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 23rd July, 2001. The dispute was received in the Court on the 23rd July, 2001. A Court hearing was held on the 8th November, 2001.
UNION'S ARGUMENTS
3. 1. The Union is seeking a substantial increase in the basic wage of the claimants. The current salaries of these workers are totally inadequate, considering all the
tasks and duties which they perform. Overtime is almost unachievable while
working within the 20 hour over 5 week agreement as proposed by the Court
in LCR 16472.
2. In relation to Customer Care Agents their job description (details to the Court ) in addition to their key responsibilities also stipulates performance of " any
other duties outside of this performance agreement as and when required
by NCTS ". These duties range from telephoning large numbers of customers
to re-arrange tests times and frequently having to deal with irate customers
and to making tea for certain groups of guests on occasion. This is not a simple
job but one that requires a lot of flexibility and dedication.
3. Staff turnover is a problem and at one centre of five Customer Care Agents on 4th January, 2000 currently there are two, one of which has tendered notice
and will be leaving as soon as possible leaving the remaining worker to train
new staff, assist the Test Centre Manager and conduct interviews, in addition to
her normal duties.
4. With regard to Car Marshals the position is one of great variety and, in addition
to the accountabilities and responsibilities of the post, they are requested to undertake extra tasks i. e. banking duties as required, explain test procedures
to customers, visual inspections (re-tests ) of certain items on vehicles, assist
members of the public arriving at test centres with information. These free up Vehicle Inspectors from such duties.
5. Customer Care Agents and Car Marshals are front line staff who are first to deal with customers and are primarily dealing with customers on a regular basis. The should be paid a proper remuneration package which applies to all clerical grades in good industries and usually implemented on a 5 to 10 point salary scale,
with entrants usually moving to the higher point based on their experience and ability.
COMPANY'S ARGUMENTS:
4. 1. The Company's rate of pay is fair for the duties and responsibilities that are required of the claimants. It is unrealistic to compare Customer Care Agents to
clerical workers as the type of work is significantly different and does not
require formal educational qualifications. The posts are primarily single activity functions i.e. to meet customers when they arrive. There is no intention
or requirement that these workers should be involved in additional duties
as their career progresses. The Company has no difficulty filling the posts
and, in some cases, they provide staff with a good opportunity to enter the clerical environment.
2. In the case of Car Marshals their primary function would be to oversee the car park and greet customers. Whilst they need a driving licence for the purpose
of carrying out their duties, their primary responsibility is to greet customers and marshal their vehicles for the test.
3. The Company carried out examinations into the type of pay rates appropriate for the activities in which the Company is involved. It also took into account of the
pay structures which were introduced into the Centres as a whole to ensure that pay for these workers fitted into that structure in a reasonable fashion. The
Company has already received a pay claim for the Vehicle Inspectors.
The Court has recommended that there should be no increase in the basic
pay of Vehicle Inspectors except for harmonisation of rates between Dublin
and Country rates, which the Company has also voluntarily applied to all these staff.
4. The Company has agreed with the Union that the terms of the Programme for Prosperity and Fairness would apply. Under the agreement the claim is cost increasing and, therefore, precluded.
RECOMMENDATION:
The Court is satisfied that the Company could properly be regarded as a newly organised employment, at the time the claim now before the Court was made. Consequently the claim is not precluded by PPF.
The Court recommends that the parties should have further discussion with a view to introducing greater flexibility in work arrangements between Customer Care Agents and Car Marshals. In return a service related pay scale, which would retain the present rate as its starting point, should be negotiated and introduced for the combined grade.
Signed on behalf of the Labour Court
Kevin Duffy
20th November,2001______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.