FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRALEE TOWN COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Differential.
BACKGROUND:
2. The case concerns a dispute between Tralee Town Council and SIPTU in relation to the differential above the craftsman's rate of pay, payable to two supervisors employed by the Council. The Union's position is that two of the five supervisors are paid a differential of 12% above the craftsman's rate while the other three supervisors are paid a 20% differential.
The Union is seeking that as all five supervisors carry out work of equal importance, the differential be increased to 20% for the two members in this case. Management's position is that the supervisors in receipt of the 12% differential are remunerated appropriately for the work that they carry out.
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 July, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd of April, 2007.
UNION'S ARGUMENTS:
3. 1. All supervisors employed by Tralee Town Council endure the same responsibilities and associated logistical undertakings. The claim as presented is fair and reasonable in the circumstances.
MANAGEMENT'S ARGUMENTS:
4. 1. The workers are remunerated appropriately for the duties carried out. Concession of the claim may also have repercussive effects in other Councils.
2. The claim is cost increasing and precluded under National Wage Agreements.
RECOMMENDATION:
The Court is satisfied that the Claimants are being paid in accordance with the relevant national agreement. Accordingly, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
25th Apirl, 2007______________________
AH/MC.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.