ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001302
Parties:
| Worker | Employer |
Anonymised Parties | Craftworker | Transport Company |
Representatives | Brian McAvinue, Connect Trade Union | Michael McGrath , Ibec |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001302 | 19/04/2023 |
Workplace Relations Commission Adjudication Officer: John Harraghy
Date of Hearing: 17/10/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The worker is employed as a craftworker by the employer. He works in one of the employers’ departments along with a number of general operatives. Following changes to work practices in 2020 these workers who are employed as general operatives were moved to a new pay scale. The worker in this case is seeking to have his pay scale amended in line with the agreement for general operatives as the same changes affect him. |
Summary of Workers Case:
The worker is a qualified craftworker and works within a specific department with the respondent. He is the only craftworker in that department and the other workers are general operatives. In 2020 there were changes to work practices in this department. The general operatives, who are represented by another trade union, secured a pay increase of approximately €80.00 per week. The worker in this case was excluded from these talks and expected to accept the changes. It was submitted on behalf of the worker that this is a single person claim and that he was treated less favourably than his colleagues and was not involved in any consultation about the changes and merely expected to accept these as they unfolded. He is seeking that the same pay increase is applied to him. |
Summary of Employer’s Case:
The employer submits that they engaged in a collective issue with the trade union representing the general operatives and under the auspices of the WRC Conciliation Service an agreement was reached in October 2020. This agreement was predicated on the fact that it had no precedent setting value and was only applicable to the operatives who were on a lower rate of pay. The worker in this dispute is a craftworker and his is paid on that scale which is higher than that which applies to general operatives. He continues to remain on a higher rate of pay. The employer believes the Adjudication Officer does not have the jurisdiction to deal with this claim as it affects “a body of workers”. While the worker works in a specific department the employer also employs a significant number of other craftworkers and their rate of pay is negotiated collectively and applied historically. There are currently talks in place with this group of workers and any pay increase will be applied to the worker in this. This dispute is a claim for a pay increase and any recommendation which would provide for the worker to be paid anything other than that which is collectively negotiated would have a significant impact in relation to the pay scale for craftworkers. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. On the facts presented this dispute does relate to a body of workers relating to pay. The employer has a collective agreement in place to decide the rate of pay for craftworkers who are employed by them. Section 13(2) of the Industrial Relations Act 1969 provides as follows: “(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner”. As the dispute relates to a body of workers pursuant to section 13(2) of the Act, I have no jurisdiction to hear the dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the dispute relates to a body of workers pursuant to section 13(2) of the Act I have no jurisdiction to hear the dispute.
Dated: 2nd November 2023
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Rate of pay. Jurisdiction. |