CD/24/297 | RECOMMENDATION NO. LCR23075 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
(REPRESENTED BY LGMA)
AND
19 CRAFT WORKERS
(REPRESENTED BY SIPTU)
DIVISION:
Chairman: | Mr Haugh |
Employer Member: | Mr Marie |
Worker Member: | Mr Bell |
SUBJECT:
Regrading claim for Craft Workers in Water Services
BACKGROUND:
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 24 June 2024 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 12 November 2024.
UNION'S ARGUMENTS.
- It is the Union’s position that their members’ role has had a considerable and demonstrable amount of change attached to it.
- The Union’s members are undertaking duties of a superior grade, which exceeds what is required of the Craft Foreperson role.
EMPLOYER'S ARGUMENTS.
1. Local Authority water services staff have the choice of three options - they can avail of a voluntary severance package, they can move to a permanent role with Uisce Eireann or they can be redeployed to another role in the local authority at their existing grade.
- SIPTU appear to have based this claim around requirements for the staff to engage in Safe System of Work Plans (SSWP). The SSWP identifies the major hazards associated with work activities and helps to ensure that appropriate controls are in place before work commences. Local Authorities expect all staff to undertake the appropriate Health & Safety obligations both to protect themselves their colleagues and the public whilst undertaking their duties.
RECOMMENDATION:
Background to the Dispute
The within dispute concerns nineteen Craft Workers (‘the Workers’) employed in the Water Services Division of Kerry County Council. The Workers are seeking a job evaluation process as they contend that they have been consistently undertaking duties above and beyond their remit for an extended period of time and they are effectively operating at Craft Foreman grade.
The Union’s Submission
The Union submits that the Workers are performing duties that go above and beyond their contractual obligations and have assumed a level of responsibility commensurate with that of a Craft Foreman. It is seeking to have the Workers regraded accordingly following the completion of a job evaluation process. It further submits that such a process is permissible under the current Public Service Agreement.
The Council’s Submission
It is submitted on behalf of the Council that there has no been no recent change in the role and functions performed by the Workers. It is also submitted that local authorities have ceased to have any direct role in the delivery of water or wastewater services following the agreement reached between local authorities and Uisce Eireann on the Water Services Framework, a consequence of which is that during the period up until 31 December 2016 existing local authority water services staff will operate under the direction of Uisce Eireann but can avail themselves of one of three options regarding their future employment in the meantime.
The Council also make the point that it is only permissible to regrade a post following open competition and that it would ultimately be a matter for Uisce Eireann to determine the number of such (regraded) positions that would be required from an operational perspective and whether or not any individual applicant satisfied the necessary requirements for appointment.
Finally, it is submitted on the Council’s behalf that the within claim is cost-increasing and prohibited under the Public Service Agreement.
Discussion and Recommendation
The Court does not recommend concession of the within claim on the basis that it is cost-increasing and raises an issue that is not confined to the Workers but has national implications The Court decision also takes note from the submissions of the parties that there is no agreed job evaluation scheme for workers employed in the local authority sector.
The Court so recommends.
Signed on behalf of the Labour Court | |
Alan Haugh | |
AR | ______________________ |
2nd December 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Aidan Ralph, Court Secretary.