ADJUDICATION RECOMMENDATION
Adjudication Reference: ADJ-00008513
Parties:
| Complainant | Respondent |
Anonymised Parties | A Production Operative | A Manufacturer |
Representatives | Unite the Union | None |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
CA-00011193-001 | 08/05/2017 |
Date of Adjudication Hearing: 01/09/2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 8th May 2017, the complainant referred a dispute to the Workplace Relations Commission pursuant to the Industrial Relations Act. The dispute was heard at adjudication on the 1st September 2017. The complainant was represented by the Unite The Union and was accompanied by shop stewards and a shop steward from a sister union. The respondent was represented by two members of HR.
In accordance with section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General of the Workplace Relations Commission, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The complainant commenced working for the respondent on the 14th October 1991. She seeks to retain her current grade and pay, on a red-circled and personal-to-holder basis, until such time that she obtains a position at this grade and rate of pay. The respondent denies the claim, relying on a collective agreement. |
Summary of Complainant’s Case:
The complainant outlines that while her role changed substantially in April 2017, her role continues, albeit now performed by line managers with the assistance of information technology. She seeks to retain both the grade and the rate of pay on an ongoing basis, until such time that she obtains a role at the same grade and rate of pay.
At the outset of the adjudication, the complainant confirmed that this matter had been raised internally with the respondent prior to this referral. The complainant said that her moving to a Grade D role would affect both her pay and later her pension. Most of the Grade G vacancies are in two-shift roles, while she had previously carried out a day role. It was submitted on behalf of the complainant that she did not want to set a precedent and that any recommendation should be done on a person-to-holder basis. While she was arguing against the collective agreement, this was a unique situation. The tasks which the complainant had previously done were still being done in-house, but they had been transferred to others to do. The complainant envisaged that she would obtain a Grade G position in the foreseeable future.
The complainant explained that 90% of Grade G roles are on two-shifts and there were few day Grade G shifts. The fact that the complainant was losing a day role was an issue. Because of her length of service, the complainant was entitled to a grade guarantee of 18 months. In respect of the stores role, they ultimately became to two-shift roles, so staff were restored their G grades.
In closing comments, it was submitted that it was unlikely that the complainant would be able to find an alternative Grade G day role. Since June 2017, she was now on a day production line in a Grade D role, but with the grade guarantee for 18 months. She had not been trained in the new system so was unable to resume her former role. It was submitted on her behalf that this was the first occasion such a case had been taken in the light of the collective agreement and this demonstrated the unique nature of the situation. The complainant had been affected by efficiencies and had to make the disruptive change to two-shifts. It was submitted that they did not want to set a precedent or to open the floodgates. |
Summary of Respondent’s Case:
The respondent asserts that the complainant is entitled to retain her previous Grade G grade rate of pay while she now works a lower Grade D period. This continues for a period of 18 months and is covered by a collective agreement. The respondent states that between August 2008 and August 2017, the complainant carried out a clerical day role, where she acted as intermediary between line managers and payroll. This role has been replaced by a real-time payroll system that was successfully trialled by the respondent.
At the adjudication, the respondent confirmed that the difference in pay was approximately €72 per week gross. It stated that there were about 200 Grade G personnel and 160 Grade D personnel, with Grade E being abolished and subsequently red-circled. It submitted that there would soon be another round of roles for the complainant to go for, and there might be no incentive for an employee to seek such roles if they received an outcome as sought in this case.
The respondent submitted that what the complainant sought went against the collective agreement, as well as going against the grade structure, where each employee is paid for the job they do, and the grade guarantee. The respondent said that there would be knock-on effects on others and that the complainant’s former role had not transferred. Instead, managers inputted the information into an IT system, resulting in the role being removed by efficiency and technology. The respondent explained what had occurred following other changes and stated that because most grade G roles were two-shift, it would be unfair to red circle one person’s day hours.
In closing comments, the respondent acknowledged that this had been the first case subject to such a referral, but what was sought went against the grading structure and grade guarantee. Other employees had been treated in the same way as the complainant and the scarce number of day grade G roles meant it would be more inequitable to treat the complainant differently. |
Findings and Conclusions:
The complainant is a longstanding employee of the respondent and in recent years has been doing a day clerical role. This involved ensuring that payroll had accurate information relating to the work carried out by staff, so that they were paid correctly. This is obviously important information to ensure that employees have confidence that they will be paid for the hours they work. The respondent engaged a trial to introduce an IT system so that line managers directly inputted the relevant information. This trial took place in accordance with a collective agreement. Following the introduction of the new system, the complainant’s role came to an end and she now works on a production line on a day shift. She retains her former grade G entitlements for a period of 18 months, also in line with the collective agreement. It was accepted by the parties that it is very likely that should the complainant obtain another grade G role, it will not be a day role but would be a two-shift role.
I appreciate the inconvenience the complainant may incur in losing her former role and notwithstanding the grade guarantee, she will either take on a Grade D day shift or a grade G role likely over two shifts. This represents a substantial change to her working life and environment. I cannot, however, make a recommendation in the terms sought by the complainant. There is a longstanding collective agreement in place that addresses changes to working practices and changes to grades. The respondent has complied with the terms of the collective agreement in making changes in workplace practices and has also dealt with the complainant in terms of the collective agreement. I cannot, therefore, make the recommendation sought by the complainant. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA-00011193-001 For the reasons outlined above, I do not make the recommendation sought by the complainant and the complainant is entitled to the grade guarantee for 18 months as per the collective agreement. |
Dated: 14th November 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Industrial Relations Act, section 13 Collective agreement |