FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE DUBLIN (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Claim for parity with general operatives at National University of Ireland Galway.
BACKGROUND:
2. The Union's claim on behalf of the general operatives in UCD is for parity with their counterparts in NUI Galway. The Union claims that under various analogue agreements the claimants had an 80% relativity to the craft rate that this has been eroded over the years and presently the UCD rate for general operatives amounted to 77% of the craft rate. The Union is seeking the same rate as their counterparts in Galway. 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 25th November, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 23rd March, 2006.
UNION'S ARGUMENTS:
3. 1. The claimants' role, main duties and responsibilities, qualifications experience and requirements are the very same as their colleagues employed in NUI Galway. Therefore, there is no good reason that they should be paid less. While workers in UCD do the same work as their colleagues in Galway their pay continues to fall further behind and out of line.
2. Both sets of workers are now covered by Parallel Benchmarking and therefore, must submit and deliver an action plan and progress report before they will receive any payment under PB.
3. The situation in which the claimants are treated in respect of their pay vis a vis similar workers in NUI Galway where there is approximately a 9% difference in the rate of pay is unfair and unacceptable.
COMPANY'S ARGUMENTS:
4. 1. The claimants have an established pay relationship with general operatives in local authorities and health boards outside of Dublin following an agreement reached between the parties in 1999 under Clause 2(iii) of the PCW. This agreement was endorsed by the Court in 2004 ( LCR 17831 refers).
2. The claimants' grades have never had a pay relationship with NUI Galway. The 80% pay relationship only exists in NUI Galway and was expressly agreed in writing in that instance.
3. Concession of the claim could lead to further claims from some or all of the general operative grades inside UCD or across the sector.
RECOMMENDATION:
The Court has given careful consideration to the submissions of the parties. It seems clear that the agreement concluded in 1999 provides for a pay relationship between the Claimants and General Operatives employed in Health Boards and Local Authorities outside of Dublin. It is excepted that the pay relationship with those bodies has been maintained. It is also clear that with one exception the same pay relationship exists in respect of all other constituents of the NUI.
The pay linkage with the Health Boards and Local Authorities is now well established and has brought significant benefits to the workers concerned. The Court can see no basis upon which it could recommend that the terms of that agreement be now altered.
Signed on behalf of the Labour Court
Kevin Duffy
30th March, 2006______________________
TOD/BRChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.