FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UCC - AND - SIPTU DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. The Union disputes the existence of an incremental pay scale for security service officers in UCC.
BACKGROUND:
2. This dispute arose from the Union's claim that the Workers are not on an incremental pay scale for the purpose of Clause 2.22 of the Haddington Road Agreement. This dispute could not be 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 dispute was referred to the Labour Court on the 3rd September, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th November, 2014.
UNION'S ARGUMENTS:
3 1 The Claimants have co-operated with the introduction of significant changes.
2 There is a single rate of pay for the Workers concerned albeit with a lower rate of pay during the probationary period of new employees .
3 Accordingly, clause 2.22 of the Haddington Road Agreement does not apply to the Workers.
COMPANY'S ARGUMENTS:
4 1 Clause 2.22 of the Haddington Road Agreement provided for a reduction in annual leave or a cash deduction from salary for staff on the final incremental point and earning between €35,000 and €65,000.
2 As the Workers are on an incremental scale they are clearly covered by this Clause.
3. Concession of this claim is clearly precluded by this term of the Haddington Road Agreement.
RECOMMENDATION:
Having carefully considered the submissions of both parties the Court finds that the Claimants’ pay is not in the nature of an incremental pay scale. Rather it is a pay rate that applies to all Workers that successfully complete the probationary period. It should not be regarded nor treated as an increment on a salary scale. The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
21st November, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.