FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NUI - GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IFUT DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Basic Pay Reductions
BACKGROUND:
2. This case concerns a dispute between the employer and Unions in relation to a reduction in pay for Associate Professors. The Unions are claiming that a long established link exists between the Salary of Professors and Associate Professors. The salary scale applicable to the Professor grade has been reduced from eight to six points and resulted in pay increases for the Professor grade. The increases were also applied to the Associate Professor grade which the employer contends was done in error and without the appropriate sanction. The Unions reject management's position on the basis of the established link between the two grades.
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 9th October 2012 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 15th May, 2013 the earliest date suitable to the parties.
UNION'S ARGUMENT:
3 1TheUnions are clear that Labour Court Recommendation LCR12322 established a link between both professorial grades and that both grades received subsequent increases in the appropriate manner. It is not accepted that the Associate Professor grade should not have received the increases and that they must be repaid.
MANAGEMENT'S ARGUMENT:
4 1 The Review Body on Remuneration in the Public Service Report 42 recommended application of a six point payscale which replaced the eight point payscale. The subsequent pay increases applied to Professors were incorrectly applied to the Assocaite Professor grade also. As there was no sanction for the pay increases to Associate Professors the College has no option but to reduce the payscale and recoup the overpayments.
RECOMMENDATION:
The Court is satisfied that the salary adjustment in issue was based on a common understanding between the employer and the unions as to the import of Labour Court Recommendation LCR12322. Both parties accepted that this recommendation, in effect, established a link between the salary of Associate Professors and Professors and that link was applied over many years.
In these circumstances the Court does not accept that the College was justified in withdrawing the pay adjustment which it had freely applied. Accordingly the Court recommends that the pay adjustment be restored. However, having regard to all the circumstances the Court further recommends that the restoration be with effect from the date of this Recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
19th June 2013______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.