FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Salary of Partnership Facilitators.
BACKGROUND:
2. Arising from Partnership 2000, Management and Unions in the Local Authorities established a Local Authority National Partnership Advisory Group (LANPAG).
In 1999, it was agreed by LANPAG that a Partnership Facilitator post be created in each Local Authority. It was agreed that the appropriate salary for the post be Grade V11.
The dispute before the Court concerns a claim by the Union on behalf of Partnership Facilitators for a review of their pay. The Union's claim is for a scale which has a minimum of the current second long service increment on the Grade V11 scale and two further increments of €1,500 to cover the three year period of the strategic programme.
Management rejects the claim but made an offer that the workers concerned continue to be paid at Grade V11 with full incremental credit retrospective to the date of appointment and a three year fixed term contract.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 30th of October, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th of January, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The workers concerned carry out a range of duties and responsibilities comparable with those of workers in similar posts in the Health and Education Sectors but receive a lower rate of pay.
2. There is a substantial workload, with many responsibilities attached to the post.
3. The workers concerned should be on a scale which has a minimum of the current second long service increment on the Grade V11 scale and two further increments of €1,500 to cover the three year period of the strategic programme.
MANAGEMENT'S ARGUMENTS:
4. 1. Comparisons with the Health and Education Sectors cannot be made as differences exist between those sectors and the Local Authority sector.
2. The claim is cost increasing and in breach of the terms of the Programme for Prosperity and Fairness.
3. The offer of incremental credit, retrospection and a three year fixed term contract is fair and reasonable and should be accepted.
RECOMMENDATION:
The Court has considered the position of both sides. In 1999, Local Authorities appointed Partnership Facilitators on temporary contracts. The Court notes that it was agreed by the parties at the time that the appropriate salary for the position would be Grade V11. Subsequently, other facilitators were appointed at higher pay levels in the Health and the Education Sectors. A dispute has now arisen as the Union has submitted a claim for the introduction of a new salary scale for Partnership Facilitators employed by Local Authorities. In view of the role in which Partnership Facilitators are engaged the Court is somewhat surprised at being asked to adjudicate upon this claim in the context of an industrial relations dispute between the parties.
While noting that the parties agreed that the appropriate salary level for facilitators would be Grade V11, the Court recommends that in order to bring the rate of pay for Local Authority Facilitators closer to that of the Facilitators in the Health and Education Sectors, the parties should enter into immediate discussions to agree an enhancement of the rates of pay. This adjustment must be within the full scope of Grade V11. Bearing in mind the length of time taken to process this matter, the Court recommends that this issue should be completed within six weeks of the date of this recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th January, 2003______________________
HMCD/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.