FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INSTITUTES OF TECHNOLOGY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Salary and conditions of employment of Sports Officers in Institutes of Technology.
BACKGROUND:
2. There is no national pay grade for Sports Officers approved by the Department of Educational and Science and different remuneration and job descriptions apply in the various Institutes. The Union has for a number of years been pursuing a pan-national grading claim in order to remove the pay scale anomalies that currently exist. The issue 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 dispute was referred to the Labour Court on the 5th November, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th January, 2009.
UNION'S ARGUMENTS:
3. 1. The terms and conditions on which Sports Officers are employed vary across the different Institutes and the Union is seeking a regularisation of these and the setting of an appropriate pay scale rate. The issue was reviewed and a report published which was, in the opinion of the Union, flawed, unsatisfactory and inaccurate especially since some Sports Officers could suffer a demotion if implemented.
2. It is not uncommon in the public sector for the Employer's side to refuse to accept the outcome of an independent review and request the Labour Court to vary or look at the issues again. The Union requests that another third party be nominated by the Court to take account of new and modern Administrative Work including New Technology and Stand-Alone posts.
COMPANY'S ARGUMENTS:
4. 1. The report was carried out at the request of the Union and Management is willing to accept and implement the findings in line with the timetable agreed for the Second Report of the Public Service Benchmarking Body.
2. The Union is seeking to have the Report set aside and is claiming an increase over and above the salary scale/grade recommended by the independent assessor, which is debarred under the provisions of 'Towards 2016'.
RECOMMENDATION:
Having fully considered the submissions made by the parties, the Court can find no reason to set aside or change the findings of the independent assessor or to have the exercise repeated by a different assessor.
The Court accordingly does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
29th January, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.