FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ABS PUMPS LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Grading claim.
BACKGROUND:
2. The Company is part of a multinational group and manufactures pumps in Wexford town.
The Union is seeking upgrading for 5 clerical/ admin employees on the basis that their work is as demanding as that of more highly graded Shipping Officers. There are two staff salary grades in the Company - administration and technical. The members covered by this claim are on the administration scale.
The Company rejected the claim on a number of grounds.
The dispute could not be resolved at local level and 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 14th August, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th of April, 2004.
UNION'S ARGUMENTS:
3. 1. The Union claim that the Company has failed to take account of the complexity of the work involved and the responsibility attached to the posts concerned.
2. The Union state that the closest internal comparator to the claimants is the role of Shipping Officer which is a Grade 3 position. The claimants are currently on Grade 1/2 (Clerical entry level).
3. The Union are requesting that the position be graded in accordance with the existing grading structure and propose that the parties agree a job evaluation mechanism.
COMPANY'S ARGUMENTS:
4. 1. The Company regularly review and ensure that the salary scales compare favourably with comparable employment.
2. The Company considers all staff and their integrated relativity when applying the salary scales.
3. Meeting this claim would mean there would be spiralling costs for the Company.
RECOMMENDATION:
The Court having considered the written and oral submissions made by the parties, and taking into account the current assessment system procedures, finds the Union's request for an independent assessment of their claim to be reasonable in the circumstances.
The Court, therefore, recommends that the parties agree an independent evaluation assessor to examine the claim. The assessor's findings to be binding on both parties.
If the parties cannot agree on a person to undertake this task, the Court will on request nominate an assessor.
Signed on behalf of the Labour Court
Finbarr Flood
28th April, 2004______________________
MG/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.