FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Dispute in regard to the manner in which age related points were removed from Grade IV payscales In Local Authorities.
BACKGROUND:
2. This case concerns a dispute between IMPACT and the Local Government Management Services Board (LGMSB) in relation to Grade IV payscales and the removal of age related points from the payscales following the application of Section 34(6) of the Employment Equality Act, 1998 which sets out a requirement to remove age related remuneration within a three year timeframe. The Union is claiming that the current payscales for Grade IV in Local Authorities be shortened in line with an Agreement carried out between the Civil Service Unions relating to the Executive Officer payscale and length of the scale. Management's position is that it complied with the Employment Equality Act, 1998 by removing age related remuneration as required. It further contends that the Agreement concluded by Civil Service Unions was not to comply with the Equality legislation but was part of an Industrial Relations Agreement concluded at the time.
The dispute was not resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 29th May, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 28th November, 2007, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The Agreement concluded in the Civil Service removed four points from the Executive Officer payscale, hence the claimants in this case are being treated less favourably. The Union's claim for the removal of the first two points from the current payscale is fair and reasonable in the circumstances and in line with comparable empolyments.
2 The current situation allows for people with greater service to be paid less than those in comparable employments with less service. This is unacceptable and cannot continue.
MANAGEMENT'S ARGUMENTS:
4 1 The removal of age related remuneration was done in the same way in the three sectors. There is no relevance in this situation to Agreements reached elsewhere in the Civil Service.
2 The claim is cost increasing and precluded under National Wage Agreements.
3 Concession of the claim will lead to repercussive claims in the future.
RECOMMENDATION:
The Court is of the view that the matters at issue were correctly dealt with in 2003 and does not accordingly recommend concession of the Unions claim
Signed on behalf of the Labour Court
Raymond McGee
13th February, 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.