FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MAYO COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Service in Acting Position.
BACKGROUND:
2. The Claimant was employed as a Foreman in the Castlebar area. In mid 2006 the Worker agreed to undertake the duties of acting General Services Supervisor due to the long term illness of the post holder. He continued to act up in that position until April 2010 following representations by the Union to Management to have the post regularised.
The Claimant is seeking to the have four years served in the position of "Acting" General Services Supervisor recognised for pay purposes and the claim is based on the undue delay in regularising the position which became vacant in January 2007. Management claim that the case is precluded under the provisions of the Public Service Agreement.
On the 6th February, 2012 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th May, 2012
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Claimant carried out the role of General Services Supervisor for a period of four years while in receipt of a rate of pay below point 1 of the G.S.S. pay scale. This has had an impact on his earning and will also adversely affect his pension rate in the future.
2. The Claimant was appointed to the post in April 2010 however his service in the position prior to this date was not recognised for pay purposes.
COMPANY'S ARGUMENTS:
4. 1. The Council dealt with the appointment of the Claimant to the post of General Services Supervisor as per the national rules and agreements. The Council has no scope to alter these arrangements in the absence of further departmental direction on the matter.
2. This is a collective claim seeking an improvement in a condition of employment which is precluded under the terms of the Public Service Agreement.
RECOMMENDATION:
The Court is satisfied that the Claimant was placed on the first point of the relevant salary scale in accordance with the normal practice in Local Authorities generally as provided for by Department of the Environment, Community and Local Government Circular 13/82. This is also in accordance with the relevant national agreement relating to the grade in issue. The Court can see no justifiable reason to depart from that arrangement in this case.
In these circumstances the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
2nd July, 2012______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.