FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INSTITUTE OF TECHNOLOGY (TRALEE) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Upgrading.
BACKGROUND:
2. The Union's claim involves the upgrading of two posts;- (1) that of Payroll Officer from Grade 5 to Grade 6, backdated to June, 2002, and (2) that of Help-Desk Co-ordinator from Grade 3 to Grade 4, backdated to May, 2005. The Union claims that the work being done by both claimants merits the upgrading, and that in other Institutes the posts in question are graded at the higher grade. The Institute maintains that both claimants are graded appropriately. Since March, 2006, the Payroll Officer submits completed work to a Grade 6 in Finance prior to submission to the Finance Officer. The Help-Desk Co-ordinator is assigned to the Computer Services Department. The position resulted from the Chapman Flood Mazars (CFM) Report. The Union supplied details of the duties performed by both workers.
The dispute was referred to the Labour Relations Commissions and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd of January, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th September, 2007, in Tralee.
UNION'S ARGUMENTS:
31The duties of both workers have increased significantly in the last number of years. The Payroll Officer has responsibility for duties that require a high level of specialist knowledge and skills, and an in-depth understanding of specific areas.
2.Both claims are minor claims and are not precluded by the terms of Towards 2016.In the past the Court has found in favour of the Union in regard to similar claims. The cost of upgrading the Help Desk Co-ordinator is €2,773 per annum. It is unfair that a grade that was established in 1999/2000 cannot be upgraded in the present circumstances.
INSTITUTE'S ARGUMENTS:
4.1. Following consultation, the Union accepted the allocation of grades resulting from the implementation of the CFM report. The Institute believes that the administration structure is fair and it would have serious concerns about upgrading two posts in isolation. It further believes that conceding the claims would lead to knock-on claimswhich would be cost-increasing and,therefore, precluded by Towards 2016.
2. The Union's comparison with other Institutes is not valid as each Institute operates its functions e.g. finance function, differently.(The Institute supplied details of other Institutes from around the Country.)
RECOMMENDATION:
The Court recommends that the parties should appoint a suitable person or body to undertake a job evaluation of the two posts at issue by reference to the range of duties and responsibilities attaching to Grade VI and Grade IV posts generally within the Institute of Technology Tralee.
In light of the outcome of this evaluation the parties should reconsider their respective position in relation to this claim.
Signed on behalf of the Labour Court
Kevin Duffy
11th October, 2007______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.