FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AER LINGUS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Upgrading of six workers in the Computer Room.
BACKGROUND:
2. The Union's claim is for the upgrading of six Clerical Grade 1 workers in the Computer Room to Superintendent Level 11. The structure in the Computer Room prior to the Survival Plan was 12, which comprised of six two shifts workers made up of Superintendent 11(Shift Leader) and Clerical Grade 1 (Lead Operator). During the Survival Plan the six Superintendents Level 2 availed of the early retirement/ redundancy package and the six claimants stepped into the posts. The Union's claim for upgrading was lodged in February, 2002 on the basis that the claimants were fulfilling the roles of the Superintendents who retired. Retrospection is sought to February, 2002. The Company rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held in August, 2002. At conciliation the Company proposed the creation of four Superintendent Level 2 posts in return for full flexibility from all staff in the Computer Room. The Company maintained that this would bring the number of Superintendent posts in the Computer Room to six as two Superintendent grade equivalents had moved into the Computer Room from another area. This was not acceptable to the Union. The dispute was referred to the Labour Court by the Labour Relations Commission on the 3rd October, 2002. A Court hearing was held on the 3rd December, 2002.
UNION'S ARGUMENTS:
3. 1. The claimants are responsible for the day to day running and maintenance of the entire Company IT system and network. They have a very significant level of responsibility.
2. Six Superintendent Level 2 have left the Company and Management stated that it wished to maintain the superintendent structure. Each of the six claimants who have deputised for over fifteen years are experienced and are currently doing the job. They should be rewarded accordingly.
3. The Company's internal process for classifying jobs (J.E.S.) valued the shift leader's role as a Superintendent Level 2 post.
4. If the Company were to concede the claim it would ultimately save on the payroll cost of the upgrading.
5. Many promotions have taken place during the period of the Survival Plan.
6. The Company's offer to create four Superintendent Level 2 posts is not acceptable as two of the claimants would continue to operate as Shift Leaders but would not get the appropriate rate. Also, while the claimants are willing to offer full flexibility, the Company cannot seek flexibility from one group of workers in respect of upgrading of another group. The six claimants can easily fund these upgradings by conceding flexibilities themselves.
COMPANY'S ARGUMENTS:
4. 1.There are already two workers in the Computer Room at the level of Superintendent Level 2 or equivalent grade. These were redeployed into the area following the elimination/amalgamation of their functions at the time of the retirement of the six Superintendent Level 2 workers. The Company accepts that it will take some time to train these workers into the Shift Leader's role.
2. The Company's offer would restore the structure that existed pre the Survival Plan in return for some flexibilities from the entire staff in the Computer Room. The Company would make available, through local competition, four additional Superintendent Level 2 posts to restore the total level of Superintendents Level on shift to six.
3. The Company acknowledges that all Grade 1's in the area have been flexible in terms of assisting the new staff through training on the job and remaining flexible in terms of rostering. This situation is not unique to the Computer Room and will only be required for a limited period while a training gap remains.
RECOMMENDATION:
The Court considered the submissions of both parties. The Court is of the view that there are four Superintendent positions remaining to be filled and therefore recommends that the company's offer made at conciliation on 7th August 2002 to restore the structure that existed pre-Survival Plan in the Computer Room should be accepted in exchange for agreement on flexibilities by four newly appointed Superintendents.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th January, 2003,______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.