FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL COLLEGE OF ART & DESIGN REPRESENTED BY IRISH BUSINESS EMPLOYERS CONFEDERATION - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Claim for Post arising from Job-Share to be Lecturer rather than Assistant Lecturer
BACKGROUND:
2. This case concerns a dispute between the National College of Art and Design (represented by IBEC) and SIPTU in relation to the appropriate grade of a job sharer employed by the College. The Union is claiming that the post holder is graded at "Lecturer I" and that the person sharing the post should also be aligned at that grade. Management's position is that procedures and qualifying criteria exist for promoting Assistant Lectures to Lecturer 1 and that the worker taking on the job sharing post is appropriately graded at Assistant Lecturer level. Management further added that concession of the claim would breach long established procedures and agreements within the college.
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 matter was referred to the Labour Court on 21st July, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 15th October, 2008
UNION'S ARGUMENTS:
3 1 The position is graded at Lecturer 1 grade. The job sharer who shares the post should be aligned to the grade of the post holder. It is unacceptable that two job sharers hold different grades when sharing the same post.
2 The claimant is qualified to be appointed to the Lecturer Grade 1 for the purposes of the job sharing arrangement.
MANAGEMENT'S ARGUMENTS:
4 1 Progression from the grade of Assistant Lecturer to Lecturer Grade 1 is laid down through established procedures within the college. Concession of the Union's claim would be in breach of these procedures and previous agreements reached.
2 The worker in question has not attained the appropriate criteria for advancement to the Lecturer 1 grade. It is long established practice that a post becoming vacant at Lecturer 1 level results in the post being re-aligned to the Assistant Lecturer grade.
RECOMMENDATION:
- The matter before the Court concerns the Union’s claim for a job sharing position to be graded at Lecturer Grade 1 level and not Assistant Lecturer grade.
- The Union contended that the vacant job sharing slot should be filled at the same grade as the first job sharer i.e. Lecturer Grade 1. However, management stated that appointments to Lecturer Grade 1 are by means of a formal procedure which has been in existence within the College for some time, therefore, the vacant slot must be filled at Assistant Lecturer level.
- Having considered the position of both parties, the Court is of the view that the arrangement entered into to facilitate a personal request by one employee at Lecturer Grade 1 level with a job sharing working pattern has resulted in an ad hoc pilot arrangement being put in place without the benefit of formalising a scheme. This arrangement has resulted in a new appointment at Assistant Lecturer level being advertised to fill the vacant slot, for a period of three years.
The Court is of the view that to advance the newly appointed person to the Lecturer Grade 1, without adhering to the long established procedures by virtue of an ad hoc arrangement would be inappropriate in the circumstances. However, the Court is of the view that in recognition of her lengthy service and duties performed in the job sharing role, the College should place her on the penultimate point of the Assistant Lecturer scale, with effect from the date of this Recommendation.
- Having considered the position of both parties, the Court is of the view that the arrangement entered into to facilitate a personal request by one employee at Lecturer Grade 1 level with a job sharing working pattern has resulted in an ad hoc pilot arrangement being put in place without the benefit of formalising a scheme. This arrangement has resulted in a new appointment at Assistant Lecturer level being advertised to fill the vacant slot, for a period of three years.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th October 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.