INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES)
- AND -
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION (ATGWU)
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. 1. Pay Rise for General Operative Keepers.
2. Pay Rise for Gardener.
2. The "Dickson Room Agreement" was reached in 1995, in an attempt to save Dublin Zoo from closure. Since that time the Zoo has expanded and is now doing well. The Union submit that staff, in particular the gardener and the general operative keepers, played a vital role during this period through co-operation, flexibility and covering staff shortages as required.
In 1998 a new grade of general operative keeper was created in the Zoo. This came about as general operatives became increasingly involved in work with the keepers and
stood in for them on a regular basis. The criteria for the grade of general operative keeper is that a person should hold the Animal Management Course qualification and have two years experience as a general operative.
The Union claims that general operative keepers should be paid similar rates of pay to trainee keepers Grade 1 in recognition of the work they carry out and the responsibility involved.
The Union also claims that the gardener is carrying out work over and above the call of duty and is seeking an increase of £1,500 per annum, similar to that which is paid to senior keepers/supervisors.
Management argues that these are cost increasing claims and that there is no merit in the claims.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 12th August, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st October, 2002.
3. 1.There is little or no supervision for the general operative keepers as there is an ongoing shortage of keepers.
2. The work of keepers will in the future be carried out by general operative keepers at a lower rate of pay.
3. The Union believe that the pay for general operative keepers should recognise the work and responsibility involved.
4. The gardener reports directly to the curator who, due to pressure or work, is rarely available. The gardener then becomes responsible for the allocation of work to other staff, maintenance and distribution of machinery and equipment, ensuring health and safety regulations are adhered to, and his own day to day work.
5. Management accepts that the gardener carries out work over and above the call of duty.
4. 1. The claims are of a cost increasing nature and contrary to the provisions of the Programme for Prosperity and Fairness.
2. The function of the general operative keepers has not changed therefore there is no justification for increasing the rate of pay.
3. Prior to the 1995 Agreement, one of the biggest problems faced by the Zoo was the matter of wage costs.
4. The duties of the gardener have remained fundamentally the same. He would not be assigned responsibility for running the department.
The Court having considered the written and oral submissions made by the parties makes the following recommendations:-
- Pay rise for General Operatives/Keepers.
2.Pay rise for Gardener.
The Court is satisfied that the role of the Gardener has changed due to the changes in relation to personnel and, therefore, recommends that his salary be increased by €952 P.A. from 01/01/02.
Signed on behalf of the Labour Court
11th October, 2002______________________
Enquiries concerning this Recommendation should be addressed to Caroline Hayes, Court Secretary.