FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK CITY & COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION FORSA DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Regrading of Environmental Officers.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to the regrading of three Environmental Officers. The 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 28th January, 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd May, 2019. The following is the Recommendation of the Court:-
RECOMMENDATION:
The within dispute relates to three Workers (‘the Workers’) originally employed by Limerick City Council prior to the merger of that Council with Limerick County Council and the establishment of Limerick City & County Council (‘the Council’). Two of the Workers are employed as Environmental Inspectors; the third as a Litter Warden (redeployed in 2013 from original position of Traffic Warden). The positions held by the Workers are non-officer grades. They are seeking to be regraded as Environmental Control Officers. The Unions submit that the Workers carry out similar tasks to those carried out by the Environmental Control Officers employed by the Council albeit the latter enjoy more favourable terms and conditions than the former.
The Council submits that the position of Environmental Control Officer is unique to Limerick County Council and was created to accommodate the situation of three individual officers between 1998 and 2000. The current two incumbents in the role are red-circled on a person-to-holder basis. The grade of Environmental Control Officer will be suppressed by the Council in the future as only the grade of Environmental Inspector will be required. The Council further submits that neither the position of Environmental Inspector nor that of Litter/Traffic Warden is at officer level in any other local authority and that, therefore, concession of the within claim would be both cost-increasing and would lead to knock-on claims.
Recommendation
The Court sees no basis for the concession of the within claims.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
12th July 2019______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.