FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CITIZENS INFORMATION SERVICE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Incremental Credits
BACKGROUND:
2. This case concerns a dispute between the Citizens Information Service (CIS) and SIPTU concerning incremental credit. The Union is seeking the awarding of full incremental credit for previous relevant experience on appointment. Managements position is that a provision exists for the awarding of incremental credit up to the third point on the relevant pay scale but no further.
The dispute was not 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 28th August, 2008
UNION'S ARGUMENTS:
3 1 A precedent exists in the Public Service where full incremental credit can be applied for relevant experience. It is appropriate that this be applied to current staff members and to future recruits in the CIS also.
2 There are local arrangements in place whereby discretionary credit can be applied where relevant experience is identified. It would be more appropriate to have a system in place that treats all workers fairly.
MANAGEMENT'S ARGUMENTS:
4 1 There is discretion with the Citizens Information Service to place new entrants up to the third point on the payscale depending on experience. Citizen's Information Service employees who feel they have greater experience can make a case to the board of the CIS. The relevant criteria for such representations will be clarified by Management.
2 The claimants in this case are not Civil and Public Servants and cannot expect the same criteria to be applicable to them. There are many different agreements in place in the public sector which would not be appropriate for implementation in this case.
RECOMMENDATION:
The Court recommends that the parties enter into discussion with a view to agreeing criteria against which incremental credit for prior relevant experience can be granted, without limitation. The responsibility for determining if the criteria is met in any particular case should rest with the Citizens Information Board. Any individual dispute or grievance which arises from the application of the scheme should be processed through normal industrial relations channels after any internal procedures have been exhausted.
Any adjustments arising from the implementation of this recommendation should take affect from a current date rather then retrospectively.
Signed on behalf of the Labour Court
Kevin Duffy
16th September 2008______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.