FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH TIPPERARY COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. "Abolition of Craftsman's post"
BACKGROUND:
2. The dispute refers to a claim by the Union to maintain a "Craftsman's" post which is particular to South Tipperary County Council. The current post-holder took up the position in 1997 and is due to retire shortly. The Council's position is that the situation at present is an anomaly and that the appropriate grade for the post is that of Tradesman, not Craftsman. The post, which has traditionally been filled from the existing Tradesmen position, has been viewed as a rare promotional outlet by the Tradesmen due to its higher rate of pay.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 3rd March, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court took place on the 22nd April, 2008, in Nenagh.
UNION'S ARGUMENTS:
3. 1. The position by the Council is no more than a cost-cutting exercise that would effectively remove any real promotional prospect for the Tradesmen.
2. The Council made no attempt to reach agreement with the Union through consensus. This is in contravention of the partnership process agreed under the National Agreements.
COUNCIL'S ARGUMENTS:
4. 1. The functions of the post in question have changed since it was originally set up. These functions are the same as those carried out by other Tradesmen in the Council.
2. The Council needs to be allowed to correct the anomaly which currently exists and to remunerate the post appropriately and fairly.
RECOMMENDATION:
The Court accepts that the Council's proposal is intended to correct an anomalous situation which has developed over time. Accordingly, the Court accepts that the Council are justified in seeking to fill the post at the appropriate rate. However, existing staff have had a legitimate expectation that the post would continue to be filled at a rate higher than that specified in the relevant agreement and so provide a form of promotional opportunity for existing tradespersons. This factor should be taken into account in the implementation of the Council's decision.
The Court recommends that the existing vacancy be filled on this occasion on the same basis as heretofore. If the person appointed holds the post for five years or more, any subsequent filling will be at the appropriate tradesperson rate. Should the person appointed hold the post for less than five years it should be filled on one further occasion at the higher rate and should thereafter revert to the appropriate rate.
Signed on behalf of the Labour Court
Kevin Duffy
29th April, 2008.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.