FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BUS EIREANN - AND - TRANSPORT SALARIED STAFFS' ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Chief Clerks claim for regrading to executive status.
BACKGROUND:
2. The Union's claim is for the regrading of five Chief Clerks to Executive Grade 5. The Clerks are located in Ballina, Dundalk, Sligo, Stranorlar and Tralee, and a formal claim was made in December, 2003. Management rejected the claim and it was referred to the Company's Joint Industrial Forum which recommended the claims should be processed under Clause 5 of the Joint Committee of Grading Executive. (The Committee compromises of two representatives from each side with an independent chairperson agreed by both sides. It is an appeals body against decisions already taken by the Company.) According to the Company the outcome was that the Committee rejected the claim, and the Union referred the case to the Labour Court on the 20th of January, 2006, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 28th of April, 2006.
UNION'S ARGUMENTS:
2. 1. The claim is based on the fact that there is no grade between an ungraded executive and the S.O.1 position concerned in the locations.
2. There has been a significant increase in the responsibilities and duties undertaken by the Chief Clerks (details supplied to the Court).
3. The Committee did not reach agreement on the claim. A draft report issued and the findings were strongly refuted by the Union representative.
COMPANY'S ARGUMENTS:
3. 1. An executive grading based on the duties and responsibilities of the five clerical staff involved is not merited. Their applications were fully and fairly dealt with through the Company's internal agreed procedures and were rejected.
2. The Company has significantly strengthened the management function in the operations department since 1997 where such was necessary due to the level of business undertaken. Where the size of an area warranted additional management positions, these positions were advertised and filled.
RECOMMENDATION:
The Court accepts that claims such as those now before the Court should properly be adjudicated upon by the Joint Committee on Grading of Executive Staff. The present claims were referred to the Committee and it is unclear if any record exists of a definitive and reasoned decision on that referral. Nonetheless, it is clear that the Committee did not recommend that the Union's claims be conceded.
The Court has considered all of the detailed information placed before it. It cannot identify any basis upon which it could justifiably recommend that the applicants should be regraded. Accordingly, the Court does not recommend concession of these claims.
Signed on behalf of the Labour Court
Kevin Duffy
8th May, 2006______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.