FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BUS EIREANN - AND - TRANSPORT SALARIED STAFFS' ASSOCIATION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Advertising for the filling of clerical Grade B vacancy.
BACKGROUND:
2. Traditionally stores issuing duties in Bus Eireann garages were undertaken by Engineering Operatives (semi-skilled and unskilled maintenance staff). In 1988, following a Labour Court Recommendation the position was designated supervisory and in 1998 a claim for salaried status was conceded. The rate of pay was the same as for Clerical Officer, Grade 3 (now Clerical B). An essential element of the 1998 agreement was that the traditional method of filling Stores Controller positions would remain unchanged i.e. such positions would be open to the Engineering Operatives.
In 2003 an advertisement for an upcoming vacancy was placed on the notice board in Cork. Following a selection process an Engineering Operative was selected to fill the position.
Prior to the selection process the Union wrote to the Company stating that the staff notice should be removed and the position advertised in the format used for advertising clerical promotional positions among clerical staff. The Company responded and stated that to advertise the position by way of a garage staff notice fully conformed to the relevant agreement.
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 could not be reached, the dispute was referred tot he Labour Court on the 27th of May, 2004, in accordance with Section 26(10 of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th July, 2004.
UNION'S ARGUMENTS:
3. 1.The Stores Controller positions are now clerical jobs and should be subject to the same procedures in terms of advertising and filling of vacancies as per any other clerical position.
2. The clerical Grade B position that arose in Cork should have been advertised in the weekly circular (as per clerical agreements).
COMPANY'S ARGUMENTS:
4. 1.The Company has fully adhered to the Maintenance Staff Agreement, 1998 whereby the traditional manner of filling Clerical B(Stores Controller) vacancies remained unchanged.
2. The Clerical B (Stores Controller) grade must be distinguished from the other 270 clerical positions given the historical background and the fact that there are different conditions with regard to overtime payments.
RECOMMENDATION:
It is the view of the Court that the change in status of the Stores Controllers encompassed in the 1998 agreement was to the disadvantage of TSSA members and led to the Clerical Grade B position in Capwell Garage in 2003 being incorrectly and incompletely advertised.
The Court notes that the TSSA has made its claim primarily on a principled basis. The Court upholds the TSSA position and recommends that, in the discussions now beginning, the Company ensures that in opening up the recruitment base, the equal right of TSSA members to apply for Clerical Grade B positions is upheld.
Signed on behalf of the Labour Court
Raymond McGee
9th August, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.