FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE DUBLIN - AND - SIPTU & IFUT DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Career progression within the Library Service - Breach of Agreements
BACKGROUND:
2. This case concerns a dispute between Trinity College, SIPTU and IFUT in relation to progression to a higher pay scale for Library Assistant and Assistant Library staff. The Unions' position is that there are long standing arrangements in place where progression is automatic once the workers in question reach the maximum point of their payscales. Management's position is that progression to the higher scale was subject to attaing certain standards which were set out and monitored by the Library Staff Review Committee. Management further contend that such progression was promotional in nature and cannot be implemented on the basis of the current moratorium.
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 18th February 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 16th June 2011. The following is the Court's Recommendation:
RECOMMENDATION:
Having considered the submissions of the parties and having reviewed the relevant agreements, it is perfectly clear that what is at issue in this case is not promotion but a system of salray progression. It is also clear that hitherto progression to the higher scale, while subject to a satisfactory review, has in effect been automatic and of universal applicability within the grades in question. In these circumstances the higher scale is, de facto, an extension of the standard scale and could not be equated with promotion.
In light of the Court's findings as set out above the Court recommends that the College revert back to the HEA and request it to reconsider its position in relation to this matter.
Signed on behalf of the Labour Court
Kevin Duffy
13th July 2011______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.