INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1); INDUSTRIAL RELATIONS ACT; 1990
DEPARTMENT OF DEFENCE
- AND -
MANUFACTURING, SCIENCE, FINANCE
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. 1. Pay scales and 2. Leave entitlements.
2. The Union's case is on behalf of 23 Technicians in the Department of Defence (the Department). The Technicians are graded as follows:- 2 Technicians on level 1, 13 Senior Technicians - Standard on level 2, 7 Senior Technicians - Special on level 2, and 2 Principal Technicians on level 3. The Technicians have had a long-standing pay relationship with Draughtsmen in the Office of Public Works (OPW). In 1997, the OPW reached agreement with its Draughtsmen in relation to Clause 2(111) of the PCW. This settlement is outlined in General Council Report No. 1313. The Report stated that there would now be 4 salary levels for the grades covered in the Report. Engineering Technicians - level 2 in the OPW were to be assimilated onto level 3, and Principal Technicians - level 3 were upgraded to level 4. The Union is seeking that all its Technicians on level 2 be assimilated to level 3, and Technicians on level 3 be upgraded to level 4. The Union is also seeking that the 2 Technicians on level 1 be moved to
The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 5th of April, 2000. At the conference, the Union's case was that the link with the OPW should be maintained. The Department stated that conceding the claim would breach the 5.5% pay norm throughout the Civil Service. It was agreed that a second issue of increased annual leave would be dealt with after the main issue was settled.
The dispute was referred to the Labour Court on the 11th of September, 2000, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court Hearing took place on the 22nd of November, 2000. The following is the Court's recommendation :-
In essence, the Union's claim is for the application of the terms of General Council Report No. 1313, recording agreement in respect of the PCW in the case of certain technical grades employed by the OPW. Both parties agree that the grades associated with the present claim have a long-established direct pay relationship with the grades forming the subject matter of General Council Report No. 1313.
In the course of the hearing, it became clear that the Department of Defence acknowledged the Union's claim. The only remaining point of difference between the parties is in relation to the correct identification of corresponding grades in the Department of Defence with those in the OPW. No discussions have taken place between the parties on this issue.
The Court recommends that the terms of General Council Report No. 1313 be applied to the corresponding grades in the Department of Defence. The parties should have immediate discussions to resolve the outstanding differences of detail.
Signed on behalf of the Labour Court
4th December, 2000______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.