INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Ms Jenkinson
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Recommendation IR6916/01/JH.
2. The worker is currently graded as Station Operative 2 (S02) and is based in Ballina. The Union believes that because of his duties and responsibilities (details supplied to the Court) he should be upgraded to Station 0perative 1 (SO1) which would mean a pay increase from €652.68 per week to €694.12. The Company has already rejected the upgrading claim internally.
The Union referred the case to a Rights Commissioner and her recommendation was as follows:
"Having carefully considered all of the submissions made I find that there is no basis for an individual upgrading of the worker which would depart from the conclusions of the HR Manager following an earlier exercise. I do accept that there are varying levels of SO at the different locations but could find nothing in the Union's submission which would justify an upgrading for the worker outside the general exercise in the Company."
(The worker was named in the Rights Commissioner's recommendation.)
The Union appealed the recommendation to the Labour Court on the 10th of November, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd of February, 2004.
3. 1. The worker is carrying out a wide range of duties, including supervising the loading and unloading of timber trains, and training new staff. He is carrying out duties similar to those carried out at other stations - e.g. Thurles, Ennis, Kilkenny, Sligo - where staff are graded as S01.
4. 1. The worker's claim has already been declined as his duties are deemed to be appropriate to his current grade and comparable to the grading structure in place throughout the rail network.
2. The claim is cost increasing under Sustaining Progress. If it were conceded it would lead to many repercussive claims.
The Court has considered the claim for regrading from Station Operative 2 to Station Operative 1 made by the Union on behalf of the appellant. Having considered all aspects of this case, the Court is of the view that there is no merit in the claim. Accordingly, the Rights Commissioner's recommendation is upheld and the appeal fails. The Court so decides.
The Court is of the view that the current internal system of evaluating claims of regrading for operatives grades is unsatisfactory and should be formalised to include an agreed internal appeals procedure.
Signed on behalf of the Labour Court
16th February, 2004______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.