LCR15430

FULL RECOMMENDATION CD/96/304 RECOMMENDATIONNO.LCR15430 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DEPARTMENT OF EDUCATION - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGrath Employer Member: Mr McHenry Worker Member: Mr Walsh

SUBJECT:
1. Relevant salary scale


BACKGROUND:

2. The Union has submitted a pay claim on behalf of four Classroom Assistants employed by the Department of Education at HolyChild Pre-School, Rutland Street, Dublin 1. It seeks to bring their salary structure into line with Childcare Assistants in the "Early Start" Pre-School Scheme which the Department introduced in June, 1994. Under this scheme Childcare Assistants are required to have certain educational qualifications.

The Union claims that the four Classroom Assistants are precluded from progressing beyond the fifth point of the incremental scale because they do not have the required qualifications, although they have many years service (13 years to 20 years) between them.

The Department of Education rejected the Union's claim and stated that the claim was in breach of Clause 2(iii) of the Programme for Competitiveness and Work (P.C.W.).

The dispute was referred by the Union to the Labour Court under Section 20 of the Industrial Relations Act, 1969 and it agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 20th December, 1996.


UNION'S ARGUMENTS:

3. 1. The employees concerned have many years of service (13 to 20) and should be allowed progress along the incremental scale.

2. The requirement to have the relevant educational qualifications was introduced eleven years after the appointment of the four Classroom Assistants concerned.

3. The Department of Education should provide the Classroom Assistants with the necessary training to enable them obtain the qualifications required.

4. The Classroom Assistants should be placed on the sixth point of the scale with subsequent yearly progression thereafter.

DEPARTMENT'S ARGUMENTS:

4. 1. The claim ,if conceded ,would amount to an increase of approximately 12% for the grades concerned. This would be in breach of the PCW and would also breach the Government /ICTU commitment to resolve problems within the parameters of the PCW.

2. The salary of the Classroom Assistants was increased in October, 1994 from £6,233 to £8,474.

3. The claimants concerned do not have the necessary qualifications to progress along the incremental scale.



RECOMMENDATION:

The Court has considered the oral and written submissions of the parties. The Court finds it unacceptable that this issue could not have been discussed more expeditiously and through the normal industrial relations machinery established for the resolution of disputes.

The Court finds that given all of the circumstances of this case and the long service and experience of the employees concerned arrangements should have been made to enable them to progress on the incremental scale.

The Court recommends that they be placed on the sixth point of the scale and that in the period between the issue of this recommendation and the next incremental date that the Department put in place an arrangement which will enable the employees meet the qualification requirements thus ensuring their progression up the incremental scale.



Signed on behalf of the Labour Court



Tom McGrath
16th January, 1997______________________
L.W./U.S.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.