LCR23062

PARTIES:

DIVISION:

SUBJECT:

Engineering Operative Grade claim for pay parity with colleagues in the Traffic Operative Grade

BACKGROUND:

This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 24th July 2024 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 1st November 2024.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The parties have engaged in relation to a range of matters, including a claim by the Trade Union for ‘pay parity’ between the Engineering Operative grade and the Traffic Operative grade, the achievement of an agreement on a 4.5% productivity pay increase and an agreement on the alignment of the Y06 and Y05 scales in the Engineering Operative grade.

It is undisputed that guidelines were agreed between the parties in March 2024 that increases outside basic pay rounds would be self-funded through productivity measures.

The claim for pay parity is founded on a traditional alignment of the pay of Engineering Operatives with that of the grade of ‘Clerk of Works’. In 2020, a very small number of individuals holding the grade of ‘Clerk of Works’ were re-classified as Traffic Operatives. That development led to an increase in the pay of the re-classified individuals of the order of 14.5% approx.

There has been no history of ‘pay parity’ between the grade of Engineering Operative and that of Traffic Operative

 The Trade Union now claims that the 190 approx. Engineering Operatives whose grade was traditionally aligned for pay purposes with the ‘Clerk of Works’ grade should now be aligned for pay purposes with the Traffic Operative grade. The Trade Union claims that this ‘pay parity’ claim should be conceded without concession of productivity or other measures, notwithstanding the agreement of March 2024 regarding the self-funding of increases in pay.

The history of the negotiations between the parties includes an examination of the job content of the role of Traffic Operative and the role of Engineering Operative, and the tabling by the Company of proposals for work practice change and other flexibilities in order to advance the matter towards resolution. Those proposals have been rejected outright and no resolution has been achieved nor progress towards resolution found.

Having regard to all of the circumstances of pay bargaining in the employment, and the detailed submissions of the parties, including the detail of the agreement on self-funding reached in March 2024, the Court does not recommend concession of the Trade Union claim for what is, in effect, a 14.5% pay increase without any concession of productivity or related measures.

The Court does Recommend that the parties engage immediately to finalise agreement on a productivity-based pay increase of 4.5%, and the alignment of the Y05 and Y06 scales. Those engagements to conclude no later than eight weeks from the date of this Recommendation, with any outstanding matters at the expiry of that period to be referred to the Workplace Relations Commission and the Court thereafter if necessary.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
FC	______________________
12th November 2024	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Fiona Corcoran, Court Secretary.