LCR22184

4. 1. It is the Council’s view that the request for the regrading of these 4 workers is a cost increasing claim with potential National implications and therefore this claim cannot succeed under Section 8.3 of the current Public Service Stability Agreement 2018 – 2020.

2. The Council contends that a National claim has been made for a job evaluation scheme for local authority grades 4 to 7.



RECOMMENDATION:

The Court has carefully considered the written and oral submissions of the parties.

The claim before the Court involves Tenant Liaison Officers (TLO’s) employed by the Council and graded at Local Authority Grade 5. The Union submits that the TLO’s employed by the Council carry out work of a higher level that TLO’s employed by other Councils across the country. The Council submitted that the Union had never produced material to support this contention.

The grade of TLO is a national grade and both parties agree that most TLO’s are graded at a level analogous to Local Authority Grade 5. The Union identified Laois County Council as a Council which employs TLO’s at Grade 6. The Council submitted that the TLO’s employed by Laois County Council, to their knowledge, carry out community work in addition to their work as TLO’s.

The Union sought a job evaluation of the work carried out by the claimants. The Council submitted that any job evaluation of the grade of TLO would be a national issue and that the claim should be pursued nationally.

The Court was advised by both parties at its hearing that the background context to this dispute includes the fact that a national claim for the introduction of a job evaluation scheme for Local Authority Grades 4 to 7 has been in train for some time and has been before the Labour Court. The Union submitted that the employer side has not co-operated with the process of dealing with that national claim and indicated to the Court that a national ballot of members in the grades concerned could occur. The parties confirmed that the claimants are covered by the national claim for the introduction of a job evaluation scheme.

The Council has asserted to the Court that the within claim is cost increasing and consequently prohibited by the terms of the current Public Service Stability Agreement. The Union submitted that there is an arrangement in place between the parties wherein cost increasing claims of ‘low value’ are permitted. The Council advised the Court that it was unaware of this arrangement and also submitted that the claim could have potential consequences for the grade of TLO nationally and thus could not be regarded as a claim having only ‘low value’ consequences.

The Court must have regard for the fact that no agreement currently exists for a job evaluation scheme for staff in Grades 4 to 7. It would be inappropriate for the Court, having regard in particular to the fact that the issue of job evaluation for these grades is currently at issue between the parties nationally, to seek to address the within claim in the manner sought by the Union.

The Court must also have regard to the fact that the parties have no consensus as to whether concession of the within claim would represent a breach of the current Public Service Stability Agreement.

The Court therefore, having regard to all of the circumstances, recommends that the claim before the Court be dealt with in the context of any agreement which might emerge from national engagement between the parties in respect of a claim for the introduction of a national job evaluation scheme covering Local Authority Grades 4 to 7.

The Court so recommends.

Signed on behalf of the Labour Court



Kevin Foley
H.M.______________________
12 February 2020Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Heather Murray, Court Secretary.