LCR22619

1. Introduction Of Clerical Administrative Assistant Grade Without Consultation/Agreement.

BACKGROUND:

2. 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 the 18 January 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3 May 2022. The following is the recommendation of the Court:


RECOMMENDATION :

Background to the Dispute:

This dispute relates to the introduction of a new grade of Administrative Assistant within the clerical staff structure in Bus Éireann (‘the Company’). The Company currently employs 203 clerical staff, 25 of whom are in the Administrative Assistant grade. There are currently 31 clerical B staff employed by the Company, 23 of whom are at the maximum of the associated pay scale while the remainder are at points 7, 8, or 9 of that ten-point scale.

The Parties’ Submissions:

The Company submits that the grade of Administrative Assistant was first introduced in 2017; that it is an entry level grade and the purpose of its introduction was to replace the Clerical B grade. The Company also submits that the new grade provides it with a means to attract talent to the clerical grades as recruits to the Administrative Assistant grade earn a higher salary in their first number of years of employment with the company than they would have earned had they been recruited to the Clerical B grade.

The entry point for the Administrative Assistant grade is 9% higher than that of the Clerical B entry point. The Company is of the view that, as the pay scale associated with the new grade is shorter (two points only) than that associated with the Clerical B grade, those recruited to the new grade are incentivised to progress their careers within the Company by seeking promotion.

The Unions submit that the new Administrative Assistant grade was introduced unilaterally by the Company and without prior agreement. They further submit that a formal proposal tabled by the Company in 2018 to cease recruitment to the Clerical B grade and to recruit only to the Clerical Assistant grade was rejected during pay negotiations and subsequently withdrawn by the Company.

The Unions further submit that many of the 25 or so Administrative Assistants are, in fact, performing work at a level of responsibility normally done by those at higher grades. It is the Unions’ view that those employed on the Administrative Scale are at risk of remaining at the top of their pay scale for a lengthy period of time and, therefore, being disadvantaged financially vis-á-vis their colleagues on the Clerical B scale. The Union has requested the Court to recommend the removal of the Administrative Assistant grade and the restoration of recruitment of clerical staff on the Clerical B scale.

Recommendation:

The Court has carefully considered the Parties’ written and oral submissions in relation to the within dispute. Having done so, the Court is of the view that there remains considerable scope for the Parties themselves to make progress in relation to the matters in dispute. In the circumstances, therefore, the Court recommends that the Parties re-engage, at the earliest opportunity, with the assistance of the Conciliation Service of the Workplace Relations Commission. The Court remains available, thereafter, to assist, if needed.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
SL	______________________
27 June 2022	Deputy Chairman