INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
UNIVERSITY COLLEGE DUBLIN
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Appeal against Rights Commissioner's Recommendation IR3136/00/MR.
2. The worker is Director of the Women's Education, Research and Resource Centre (WERRC) at the college. The Union claims that the appropriate grade for her work as Director of the centre should be re-graded to that of Professor C.
Management rejected the claim, stating that not all Heads of Departments are at the professorial grade.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 8th of February, 2001. The following is the Rights Commissioner's Recommendation:-
"I therefore recommend that :
(a) UCD should increase the allowance paid to the worker as Director of the WERRC from £2,000 (2539.48 Euro) p.a. to £10,000 (12697.38 Euro) p.a, with effect from 1st October 1999;
(b) the question of the appropriate level of the post of Director of the WERRC should continue to be reviewed within the structures at UCD for dealing with such issues, bearing in mind the possible changes in this area described at the hearing;
(c) both parties should accept that, in the event of this review not producing a satisfactory outcome from the Union's perspective by the beginning of the academic year 2002-2003, the Union side would have the right to immediately re-enter their claim for professorial grading;
(d) both parties should accept that the increase at (a) above is in settlement of the claim, subject only to (c) above".
The college appealed the Recommendation to the Labour Court on the 10th of May, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 27th of November, 2001 (the earliest date available to the parties).
3. 1. The role of a Director of a Centre such as WERRC is not equivalent to the role of Head of Department.
2. WERRC has not availed of the new evaluation system for changing a Teaching and Research Academic Centres (TRAC) into a new Department. If WERRC meets the
criteria, it would be designated a Department and the claimant 's allowance could be reviewed accordingly.
3. Direct appointment to the grade of Professor C is not appropriate and would be without precedent in the collective bargaining process.
4. The college has been fair and reasonable in its account and remuneration of the claimant as Director of WERRC. She is in receipt of the appropriate allowance of
£2,000 (2539.48 Euro) per annum as determined by the University and approved
by the Governing Authority.
5. Any concession of the claim will lead to knock on claims from other sections.
4. 1. The payment of a £10,000 (12697.38 Euro) allowance for the worker will not set a precedent as the same allowance is paid to other Directors.
2. The claimant fulfils the role and function of Director of WERRC which the Union believes to be equivalent to that of Professor C.
3. The National Agreements, including the Programme for Prosperity and Fairness were not intended to prevent individual members from seeking to redress an injustice or from taking a case for re-grading.
4. The worker's duties are equivalent to that of Professor. However, the College continues to remunerate her at a lower grade.
The Court has given careful consideration to the submissions of the parties to this appeal.
Having regard to all the circumstances, the Court is of the view that the best approach to resolving this dispute is for the College to proceed to create a Chair of Women's Studies as recommended in the report on the Centre of December 1997. The claimant should be regarded as eligible to complete for the post.
The process necessary to create this Chair should commence immediately and a progress report made to the Court by June, 2002.
In the interim the claimant should be paid an allowance of £4,000 (5078.95 Euro) per annum.
The Rights Commissioner's recommendation is varied accordingly.
Signed on behalf of the Labour Court
19th December, 2001______________________
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.