FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN CITY COUNCIL - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Parity with regraded officers.
BACKGROUND:
2. The worker commenced employment as a Clerical Officer, Grade 3, in 1974. In March, 1979, the worker was transferred, on request, to the Housing Maintenance Branch where in April, 1984, he was appointed as Assistant Staff Officer, Grade 4. In November, 1992, the worker was requested to, and took up, the vacant position of Stores Control Officer, Grade 5, within the same branch while still a Grade 4 level officer. This post attracted a travel allowance and substantial overtime.
The worker was unsuccessful in an interview for the Assistant Materials Superintendent post Grade 5 in May, 2000. In February, 2001, following implementation of a stores restructuring deal, the post of Assistant Materials Superintendent, now to be known as District Materials Manager, was regraded to Grade 6. The worker applied for interview for two further posts at this grade but was deemed not to be working in stores and was, therefore, refused.
- The worker feels that prior to restructuring he was carrying out similar duties to Assistant Materials Superintendent officers, even though they were already Grade 5 and he was Grade 4, and these officers were assimilated whereas he was not.
- The Company’s case is that the worker is a generalist or mainstream Clerical/Administrative Grade and will not be affected by the restructuring of stores staff.
- The Company’s case is that the worker is a generalist or mainstream Clerical/Administrative Grade and will not be affected by the restructuring of stores staff.
Worker’s Arguments:
3. 1. The worker has been responsible for the operation and control of stock movements and has revamped the entire Stores system in the Housing Maintenance Branch in respect of the Main Stores and the Joinery Workshop.
2. The worker has carried out and reported on stock-takes, break-ins and losses of stock.
- 3. The worker was requested to sit on the Stores Steering Committee.
4. Officers carrying out similar duties to the worker, even though already Grade 5 level officers, were assimilated to Grade 6 level.
- 5. His predecessors were historically of Grade 5 level.
Council’s Arguments:
4. 1. The worker is a generalist or mainstream Clerical/Administrative Grade currently attached to the Stores Control Section of Housing Maintenance and is liable to be moved at any stage. Staff in stores traditionally came from a general operative background and would have limited opportunity for advancement.
2. The worker had ample opportunity to go for promotions in the Clerical/Administrative field.
- 3. If the worker wishes to pursue a career exclusively in Stores he is eligible to apply for the next competition.
4. If the claim was accepted it would have repercussive effects on countless clerical staff working in accounts sections with equally valid claims.
- 3. If the worker wishes to pursue a career exclusively in Stores he is eligible to apply for the next competition.
RECOMMENDATION:
The Court considered the written and oral submissions made by the parties.
It is clear that there is a difference of opinion between the parties on the relative value of the job duties required of the claimant, and the role of the grades he is using for comparison.
The Court recommends that the claimant avail of the procedures outlined by management, in Court, to process his claim, by having his job assessed, if he so wishes.
Signed on behalf of the Labour Court
Finbarr Flood
14th May, 2002______________________
CH/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Caroline Hayes, Court Secretary.