FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH TIPPERARY BOROUGH COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Re-grading/review of pay structures.
BACKGROUND:
2. The issue in dispute relates to a claim by the Union on behalf of four workers, one Chief Works Study Officer and three Assistance Works Study Officers for re-grading/review of their pay structure. The Union maintains that a pay linkage was established in 1991 between the Work Study Officers and Technician Grades. In 1991 when the regarding took place, the Chief Work Study Officer post regraded to equivalent salary scale of Executive Technician and Work Study Assistant regraded to equivalent of Technician Grade II salary scale (entry Level). This pay differential, according to the Union has now eroded because of an enhanced structure within the Technician grades of the South Tipperary County Council.
- The Union is seeking the regrading of the salary scale of the Chief Work Study Officer to the equivalent of Chief Technician salary scale and the regarding of the salary scale of the Work Study Assistant to the equivalent of the Executive Technician salary scale. In addition, the Union also maintains that major changes in Work Study Officers work practices have taken place which warrant re-grading.
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 24th February, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th July, 2004.
UNION'S ARGUMENTS
3.1The linkage to the Executive Technician and to the Technician II which is entry level, is no longer suitable and should be adjusted upwards to reflect a more favourable pay relationship for the Work Study Officers.
2. The expansion of the schemes had led to significant increases in productivity and as a consequence there has been a cost reduction for the Council.
3.The Work Study Officers' role is now more complex and specialised in nature. Work techniques have changed, the majority of work is now based on bonus incentives.
4. The current link the Work Study Officers have with the Technicians is no longer reflective of their roles and levels of responsibility.
- In the past, Work Study operations were essentially confined to road works. Now the work ranges across many section of the Council such as machinery, construction, housing and sanitary services projects;
- This has lead to more complex work techniques, increased specialization of duties and more responsibility;
- As well as maintaining an existing scheme, new schemes have been developed by Work Study staff;
- These schemes have resulted in a significant increase in productivity and consequently a cost reduction for the Council.
COUNCIL'S ARGUMENTS:
4.1 This is a pay claim precluded under the terms of the Programme for Prosperity & Fairness (PPF) and Sustaining Progress (SP)
2. It was accepted in the context of PPF to establish Public Service Benchmarking Body and that any outstanding claims or commitments in relation to pay would be subsumed within the benchmarking exercise and will be dealt with in that context.
3. The Union accepted the terms of PPF and SP. In doing so it agreed to have these grades B listed beside their reference grade ie. Executive Technician and Technician Grade II
4. It is Management's view that concession of this claim would have serious repercussive effects for the benchmarking process as it would set a precedent for other B listed grades who may also wish to have their jobs regraded.
5. The Council considers that the basis for this claim is covered in the National pay Agreement under the headings of 'Change, New Technology and Modernisation and Flexibility'.
6. The Union will have the opportunity to submit this claim if and when agreement is reached on the modus operandi of a further benchmarking exercise.
RECOMMENDATION:
The Union put forward a claim on behalf of one Chief Work Study Officer and three Work Study Assistants for regrading, to restore the linkages previously held with the technician grades. When the claim was initially submitted in December 2001, management were involved in ongoing negotiations on the restructuring of the technician grades throughout the local authorities. In response to the Union's claim, management referred to their ongoing discussions with the technicians' grades which they said were "actively progressing at present" and proposed that the Union should await the outcome of those negotiations before entering discussions on the Work Study Officers' claim.
The Court accepts that the initial response to the Union's claim, raised expectations in this case that the claim would be the subject of negotiations. Secondly, the Court notes that the movement in the technicians' grades had an effect on the relative position of the Work Study Offices.
Consequently, the Court recommends, in full and final settlement of the claim, that the Chief Work Study Officer should be assimilated onto the Senior Executive Technician scale and the Work Study Assistants should be assimilated onto the Technician Grade 1 scale, with immediate effect.
The Court notes the fact that the Work Study Officer involved in this claim are unique within the local authorities and consequently no precedent can be inferred as a result of this recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th_July, 2004______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.