FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CHADWICKS BUILDERS PROVIDERS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Claim by the Unions for a review of the pay scales of clerical staff.
BACKGROUND:
2. The dispute concerns approximately 50 workers who are employed as clerical staff in the Company's Builders Providers stores throughout the country. They are employed at Grade 2 on the Company's pay scale. The Union is seeking a review of their salary scales. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 16th September, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 2nd December, 2004.
UNIONS' ARGUMENTS:
3. 1. The claimants carry out a variety of clerical duties. They are dedicated and flexible and have given very significant cooperation to the Company. Their duties have changed over the years and they operate over and above their job descriptions. Their jobs require a review and possible job evaluation. The Union is confident that this will show that the level of change and productivity given by the claimants is outside the norm and does warrant a salary review.
2. The Union requested the Company to consider opening up the existing pay scales to the claimants so that the higher grades (Grade 2 (a) and Grade 3) would be accessible to them. This would allow the claimants to benefit from the existing pay scales and gain from the grading structure as allowed for with other workers.
COMPANY'S ARGUMENTS:
4. 1. The claimants are paid in accordance with the agreed Company pay structure. Their pay rates have at all times been adjusted in line with successive national wage agreements. Phase 2 of the Sustaining Progress Agreement (SP) will be effective from January, 2005.
2. The current pay rates for clerical staff compare favourably with those of direct competitor companies and other of their terms and conditions are significantly ahead of those companies.
3. Concession of the claim would lead to repercussive claims from other workers in the employment.
4. The claim is cost increasing and is precluded under the SP Agreement.
RECOMMENDATION:
The Court feels that this claim as presented by the Unions cannot be addressed under the terms of the current "Sustaining Progress" agreement, and recommends accordingly that any consideration of it should be deferred until after the expiry of that agreement.
Signed on behalf of the Labour Court
Raymond McGee
8th December, 2004______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.