FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROAD SAFETY AUTHORITY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Implementation of Independent Evaluator’s report on grading.
BACKGROUND:
2. This case concerns an issue between the Road Safety Authority and IMPACT relating to the appropriate grading system of the ADI Chief Examiner, Supervisory Examiner and ADI Examiner. The dispute arose as a result of the additional duties and responsibilities undertaken by the relevant grades following the changeover from the Department of Transport.
The grading of the posts was subject to an evaluators report and both the RSA and IMPACT accept the evaluators findings and seek to have it implemented with payment of the appropriate retrospection. The Department of Finance as the funding authority has not accepted the report and has sanctioned a grading system that the Union does not accept.
The issue was not resolved at local level and was the subject of a Conciliation Conference at the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on the 7th September 2010 in accordance with Section 26(1) of the Industrial Relations Act 1990.
A Labour Court hearing took place on the 28th October, 2010. The following is the Court's Recommendation:
RECOMMENDATION:
The matter before the Court concerns the Union’s claim for implementation of an independent evaluator’s report on the appropriate grading for the grades of Chief Examiner, Approved Driving Instructor and Approved Driving Instructor Examiner. These grades were introduced by the Road Safety Authority (RSA) in 2006 as part of the newly developed regulation of private sector Driving Instructors, with the formation of the Authority’s Approved Driving Instructors Unit.
An independent evaluator was commissioned to carry out an evaluation of the grades and concluded that the following grades were the appropriate grades for the posts in question:
•Chief Examiner: Assistant Principal Officer
•Approved Driving Instructor: Higher Executive Officer at Higher Level
•Approved Driving Instructor Examiner: Higher Executive Officer at Standard Level
The RSA fully support the implementation of the Evaluator’s Report. The Department of Finance does not accept the grading proposed and put forward alternative grading proposals.
Having considered the submissions of both parties the Court recommends implementation of the independent Evaluator’s Report from the date the post holders were appointed to the posts in question.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th November, 2010.______________________
AH.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.