FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TYNDALL INSTITUTE - AND - SIPTU / IFUT DIVISION : Chairman: Mr Haugh Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Effective Implementation / Application Of The Job Evaluation Outcome
BACKGROUND:
2. This dispute concerns a claim for pay parity. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 20th December, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th February, 2017.
UNION'S ARGUMENTS:
3.1. The Unions are seeking that the 31st of May 2010 be the effective date of implementation for the rates of pay and points of scale recommended by the PwC JEE as amended by the Independent Appeals Officer's Report.
2. Management and the Department of Education and Skills have accepted that no disparity of pay should exist vis-á-vis other employees of UCC performing like work or work of equal value.
COMPANY'S ARGUMENTS:
4. 1. Tyndall/UCC is not in a financial position to pay the retrospection that the Unions seek. No additional funding from the Department of Education and Skills and the Department of Public Expenditure and Reform will be provided.
2. Management is prepared to implement salary increases due on a phased basis (i.e. one third on 1 January 2017, 1 September 2017 and 1 September 2018 or alternatively on a single date on 1st September 2017. For any employees who are deemed "over-graded", their salary would be maintained at its present level until it falls within the new salary scale for the job after any increase to the relevant scales.
RECOMMENDATION:
Background to the Dispute
The matter before the Court relates to a defined, residual issue that arises from a claim brought jointly in 2010 by SIPTU and IFUT on behalf of their respective members employed in the Tyndall National Institute. The Workers (comprising largely of researchers, process engineers, administrative, technical and other support staff and numbering approximately 100 in total) have been seeking pay parity with UCC pay scales. Historically, the Workers had been remunerated on the basis of salary (with additional performance-based increases) that had no link to UCC salary scales. Performance-based payments, however, were ceased in 2010 as a consequence of the implementation of FEMPI legislation.
There is a long and detailed history to the progression of the within dispute which it is not necessary to recite in detail in this Recommendation save to say that in 2013 the parties to the dispute, with the assistance of the then Labour Relations Commission, agreed to participate in an independent Job Evaluation Exercise. This Exercise was subsequently undertaken and completed by PwC. It was then followed by an appeals process conducted by Mr Sean McHugh who issued his final report on 12 September 2016.
The specific matter referred to the Court relates to the date from which the pay rates that emanated from the aforementioned Job Evaluation Exercise and appeals process should be implemented. The Unions are seeking that 31 May 2010 be deemed as the effective date of implementation, being the date on which they submitted their pay parity claim to UCC management. The Unions submit that their claim in this regard is justified on the basis that the Respondents have openly accepted, from a very early date following the initiation of the claim, that pay parity should apply as between Workers employed in the Tyndall National Institute and their comparators working in UCC.
The Respondent, on the other hand, has requested the Court to recommend either implementation on a phased basis i.e. one third each on 1 January 2017, 1 September 2017 and 1 September 2018 or alternatively on a single date of 1 September 2017.
Recommendation
The parties have agreed to seek a binding recommendation from the Court in respect of the within issue. Having carefully considered the parties’ respective positions and the extensive written and oral submissions made in support of those positions, the Court recommends that the outcome of the Job Evaluation Exercise be implemented in full with effect from 12 September 2016, the date of the McHugh Report.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
27th March 2017______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.