FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SEA FISHERIES PROTECTION AUTHORITY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. (a:) Grading of posts of Sea Food Control Manager (b:) Senior Port Officers and Sea Fisheries Protection Officers- Compensation for loss of promotion prospects in their region.
BACKGROUND:
2. This case concerns a dispute between the Sea Fisheries Protection Authority and IMPACT concerning a claim by the Union for the upgrading of certain workers employed by the Authority.
The Union's position is that greater levels of responsibility and duties have been identified since the establishment of the Authority and appropriate upgrading be retrospectively applied where appropriate. The Union is also seeking compensation for lack of promotional prospects for grades affected by the Auhority's new location in Clonakilty, Co Cork.
Management's position is that the appropriate grades are applied to the workers in question and appropriate travel and subsistence expenses are also paid where required. It further contends that promotional and career development opportunities are not affected by the newly established Authority's location. Management deem the Union's claim for compensation in such circumstances to be wholly inappropriate.
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 24th July, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 12th February 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The Sea Food Control Manager had already been upgraded to Principal Officer (not agreed by the Union at the time) prior to the taking on of additional responsibilities and duties. The independent evaluator confirmed in his report that the responsibilites of the role were greater than normal ongoing change as envisaged in National Wage Agreements. The Union is jusitifed in seeking a further promotion to the Assistant Secretary grade for the worker in question.
2 Regional Sea Fisheries Control Managers have also been subject to increases in duties and responsibilities on the basis of the relocation of the service particularly as they are required to be based at the new headquarters. On the basis of the new requirements the Union's claim for retrospective application of the Principal Officer Grade to January 2007 is fair and reasonable in the circumstances.
3 Senior Port Officers and Sea Fisheries Officers will be denied promotional opportunities in their own area as a resut of the relocation of the service to Clonakilty. This is contrary to the voluntary aspect of decentralisation if promotions are only available in decentralised locations. This has already been ruled on by the Labour Court. (FÁS V SIPTU - LCR18974). The appropriate redress in this situation is compensation for the loss of promotional opportunities.
COMPANY'S ARGUMENTS:
1 Management have at all times adhered to National Wage Agreements with respect to the changes necessary prior to and during the establishment of the Authority. All responsibilities taken on are reflected in the grading of the workers concerned.
2 It is not accepted that there are less promotional prospects as a result of the establishment of the Authority in Clonakilty. The Authority is structured to provide excellent personal and career development opportunities.
3 The Regional Sea Fisheries Control Managers are correctly aligned in terms of grade structure. The payment of the appropriate travel and subsistence payments as required as well as agreements where possible has mitigated the problems associated with attendance on the basis of the change of Headquarters to Clonakilty.
RECOMMENDATION:
The Court has considered the submissions of the parties and has taken note of the Assessors Report.
The Court makes the following recommendations:
Sea Food Control Manager :The Court does not see merit in this claim and does not recommend its concession.
Regional Sea Fisheries Control Managers:The Court recommends the adoption of a scale exactly halfway on each point, between the A.P. and A.P.1 scales, as the appropriate level.
Senior Port Officers/Senior Fisheries Officers:The Court does not see merit in this claim and does not recommend its concession.
Signed on behalf of the Labour Court
Raymond McGee
12th March 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.