FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HIGH LIFE TOOLS/SPS INTERNATIONAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Introduction of A New Grade of General Operative
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to the rate of pay for a newly created position within the organisation. Management's position is that the new role is that of a Cleaning Operative with some packaging duties and will be paid at a rate of €12.00 per hour. The Union contends that the role is analogous to a Maintenance Operative role and is seeking that the rate of pay be increased to the payments levels of such Operatives.
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 24th April 2013 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 12th June 2013.
UNION'S ARGUMENT:
3 1 The role on offer is not merely a cleaning role. The Union is of the view that the duties involved will go way beyond that of normal cleaning and the rate of pay should reflect the realities of the role.
COMPANY'S ARGUMENT:
4 1 The role is simply a Cleaning Operative/ packaging role. The Union have suggested that the role will involve other duties including fork-lift driving duties. This is not the case. There will be nothing more involved in the work than cleaning and packaging duties.
RECOMMENDATION:
The matter before the Court concerns the introduction of a new grade of General Operative. The Company proposed to introduce a new role to carry out cleaning and packing duties with a rate of pay of €12.00 per hour. The Union submitted to the Court that the new role was not significantly different from the current General Maintenance role and that the pay differential between the latter grade and the proposed new role was too large for a not dissimilar role and accordingly sought a relative rate of pay.
Having considered the submissions of both sides and have examined the duties associated with the proposed new role the Court is satisfied that a rate of €12.00 per hour is appropriate in the circumstances. The Court notes that the Company has confirmed that there will be no requirement for forklift driving in the new job. Therefore the Court recommends acceptance of the new role with the proposed rate of pay. Furthermore the Court recommends that a review of the role should take place three months after its introduction.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th June 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.