FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CLONMANY ENTERPRISE AND DEVELOPMENT LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Pay and Conditions of Employment.
BACKGROUND:
2. In March, 1998, Clonmany Enterprise and Development Limited obtained sanction from FÁS to rebuild the old market house in Clonmany, Co. Donegal, through a FÁS Community Youth Training Programme. Training and labour costs were funded by FÁS and the provision of materials, hire of machinery and insurance was the responsibility of the Company.
The dispute before the Court concerns a claim by the Union on behalf of the Community Youth Training Programme Supervisor for an increase in salary and an improvement in conditions of employment.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 4th of December, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th of February, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The salary of the staff concerned is very low, considering that many of them have Third Level Qualifications.
2. The salary and conditions of employment for the staff concerned should be on a par with the Community Employment Scheme Supervisors.
COMPANY'S ARGUMENTS:
4. 1. Funding for training and labour costs is the responsibility of FÁS, and the provision of materials, hire of machinery and insurance is the responsibility of the Company.
2. The Company is under serious financial pressure on an ongoing basis and depends on fundraising, grants and credit facilities from builders providers in order to meet its present financial commitments.
3. Management agrees that the worker concerned is entittled to a fair wage in line with the Community Employment Scheme Supervisors.
RECOMMENDATION:
The Union has referred a claim for an increase in the level of pay and conditions of employment on behalf of one Community Youth Training Project Supervisor employed by Clonmany Enterprise and Development Limited, so as to bring it in line with that paid to Community Employment Supervisors.
It was indicated to the Court that there are an estimated 60/80 staff employed nationwide who are in similar positions.
The Court notes that the rate paid to the claimant is the agreed national rate for a Community Youth Training Project Supervisor. However, management agrees that there is merit in the claim. Therefore, the Court recommends that the management of the scheme should endeavour to improve the claimant's rate, either on a weekly basis or on a lump sum basis, from local resources.
Due to the national implications of this claim, the Court recommends that the parties should proceed to address the claim as proposed by the Industrial Relations Officer of the Labour Relations Commission in his letter of 20th April, 2001, with an appropriate revised timescale.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th March, 2002______________________
GB/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.