INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
1. Grading structure.
2. The Union has submitted a pay claim on behalf of seven welders for the restoration of the rate of pay which applied to welders prior to the agreement for the Permanent Way Department. It wants these workers put on the same rate of pay as Mobile Gangers.
Management rejected the Union's claim. It states that these workers have always been substantively linked to the Patrol Ganger grade and that this was voted on, and accepted by the welders when the new Permanent Way agreement was passed.
As no agreement was possible between the parties, the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 20th of November, 2001, but no agreement was reached. The dispute was referred to the Labour Court on the 21st of November, 2001, under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 30th of April, 2002.
3. 1. Management has acknowledged that these workers were a very cooperative group, and that they have always been efficient and responsive to emergency call-outs.
2. These workers can be called out from their home and be asked to do a particular job at any time of the day or night. They do not receive any call out allowance for this.
3. The rate of pay for this group of workers should be linked to that of mobile gangers under the new structure.
4. The Permanent Way agreement did not prevent the Union from pursuing this claim, and management were aware of this.
4. 1. The workers concerned have received a large pay increase under the terms of the Permanent Way agreement. Any concession of this claim would lead to claims from other groups of workers.
2. The responsibilities associated with these workers are properly and appropriately reflected in the current grading structure whereby they receive the Patrol Ganger's rate of pay in recognition of their welding skills.
3. The claim by the Union in respect of the claimants is for regrading to the Mobile Ganger rate of pay. Such a claim does not reflect and is at variance with the Gang structure within the Permanent Way Department.
4. The previous observations and findings by the Labour Court in regards to the bargaining structure and process for pay determination in the context of new agreements in the Company, should be acknowledged in any recommendation by the Court.
The Court is satisfied that the Mobile Ganger has obtained the additional payments in question in consideration of significant additional supervisory responsibility. This does not apply in the case of the claimant grade.
In these circumstances the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
3rd May, 2002______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.