FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WICKLOW COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner Recommendation r-050057-ir-07/MMG
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioner Recommendation r-050057-ir-07/MMG. The issue in dispute concerns a Craftworker (Plumber) who is employed as a Leakage Locator in Wicklow County Council. The Union's position is that the worker should be paid the appropriate tool allowance applicable to Craftworkers despite his temporary assignment to his new post.
Management's position is that the Leakage Locator post is not a designated Craft post and that the allowance is not payable. Managment further contends that the provisions of the Parallel Benchmarking Agreement of 2003 specify the qualifying criteria for payment of the tool allowance and the grades to which it should be applied.
The matter was referred to a Rights Commissioner for investigation. His Recommendation issued on the 21st January 2009 and did not find in favour of the worker on the basis that the new position was not a post which attracted the allowance as it was not a craft designated post, tools were not required to be carried and the other post holder was not a Craftworker.
The worker appealed the Rights Commissioner's Recommendation on the 3rd March, 2009 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 14th May, 2009.
UNION'S ARGUMENTS:
3 1 The worker is assigned as a Leakage Locator and is paid at the Assistant Foreman Grade. As this Craft grade attracts the tool allowance, it should be paid to the worker.
2 There are other workers employed in the same position, in other Local authorities, who are in receipt of the allowance. In certain circumstances there are Craft and non Craft workers in the Leakage Locator position who are in receipt of the payment.
MANAGEMENT'S ARGUMENTS:
4 1 The Leakage Locator post is aligned for pay purposes to the Assistant Foreman Grade. It is not, however, a designated Craft post and the allowance is not payable in such circumstances.
2 Management are not aware in any of the other Local Authorities where grades other than those specified in the Parallel Benchmarking Agreement are in receipt of the allowance.
DECISION:
The Court notes that the agreement between the parties, concluded as part of the parallel benchmarking exercise in 2003, limits the application of tool allowance to specific posts which are within the craft designation. The Claimant in this case does not
occupy such a post.
For that reason the Court is satisfied that the conclusions reached by the Rights Commissioner are reasonable and ought to be upheld.
The appeal is disallowed and the recommendation ofthe Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
21st May 2009______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.