INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Clause 2(iii) of PCW.
2. The Irish Association of Community Organisations was established in 1993 to provide a forum for the exchange of information and support the work carried out by voluntary boards of management at local level. There are forty three Community Training Workshops operating as independent local agencies that collaborate with FÁS in providing programmes in return for agreed levels of funding.
The dispute before the Court concerns a claim by the Union on behalf of staff employed in the Community Training Workshops for a pay increase under Clause 2(iii) of PCW.
In 1989, the staff of Community Training Workshops sought to have their pay brought into line with comparable grades in FÁS and this was recommended in Labour Court Recommendation No. 12565. The Union states that this recommendation was not implemented.
In 1997, the Irish Congress of Trade Unions brokered an agreement between FÁS and the Union providing staff of the Community Training Workshops with pay increases of up to 36%.
The Union states that this deal did not cover Clause 2(iii) of PCW.
The Company states that the deal did include Clause 2(iii) of PCW. The deal was
accepted by the staff concerned and was implemented in full.
As the dispute was not resolved, it was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 18th of January, 2001. As agreement was not reached, the dispute was referred to the Labour Court on the 20th of February, 2001 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th of May, 2001.
3. 1. The workers concerned perform similar work as their counterparts in FÁS. They have extra responsibilities and require special skills.
2. Labour Court Recommendation No. 12565 has not been implemented.
3. The 1997 brokered agreement did not include Clause 2(iii) of PCW.
4. 1. The Community Training Workshop staff have been paid under the terms of Clause 2(iii) of PCW and no further payment is due.
2. The claim is cost increasing and in breach of the Programme for Prosperity and Fairness.
3. The 1997 agreement provided increases of up to 36% and was only possible under Clause 2(iii) of PCW. The agreement was accepted by the staff concerned and implemented in full.
The Court has given serious consideration to all aspects of this case. The salary scales of CTWs were brought in line on a phased basis with FÁS grades in 1997, as a result of the ICTU brokered deal. The Court is satisfied that the authors of this deal proposed the increases in full knowledge of impending increases in grade rates, following the FÁS restructuring agreement concluded in return for specified productivity measures. However, it is clear from the current dispute that the Union was not aware of this fact.
The Court is of the view that the 1997 agreement dealt with the issue of the implementation of Labour Court Recommendation No. 12565, and does not recommend concession of direct parity with the (post restructuring agreement) FÁS grades. However, the Court is of the view that, if so desired, there should be no impediment on the Union negotiating a similar productivity deal on behalf of CTWs at this point, in accordance with Clause 2 (iii) of the PCW agreement.
Signed on behalf of the Labour Court
21st June, 2001______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.