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FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK CITY & COUNTY COUNCIL
- AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Regrading of 8 Traffic Wardens.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of its members. The dispute relates specifically to the regrading of a group of Traffic Wardens that were redeployed upon cessation of the service within Limerick City and County Council. It is the Union's claim that the Claimants should have been aligned to a Grade V salary scale. The Employer rejects the Union's claim, arguing that the Claimants do not carry out the duties at a Grade V level and have been appropriately regraded to the Grade III scale.
The 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 the 24th January 2019, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd May, 2019. The following is the Recommendation of the Court:-
RECOMMENDATION :
Background to the Dispute
This dispute concerns eight city-based Traffic Wardens (‘the Workers’) employed by Limerick City & County Council (‘the Council’). They are currently remunerated in accordance with the General Operative Scale but are seeking to have their pay aligned with that of the Water/Sewage Curator (Grade 5), with retrospection back to 31 March 2017 – the date on which the claim was initiated with the Council.
In previous discussions between the Parties, the Council offered to settle the claim by aligning the Workers’ pay scale with that of Refuse Collector (Grade 3) to reflect similar pre-existing arrangements in most other local authorities. Acceptance of this offer would have provided a 14% increase in pay to the Workers. Concession of the Workers’ claim would equate to granting them a 26% pay increase.
Recommendation
There is nothing before the Court that substantiates the Union’s claim that Traffic Wardens employed by other local authorities are remunerated at Grade 5. The Court recommends that the Workers accept the Council’s offer of regrading to Grade 3, backdated to 31 March 2017, in full and final settlement of the within dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
12th July 2019 ______________________
SC Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.