INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
CORK CITY COUNCIL
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Rate of pay / grading.
2. The posts of Chief Building and Street Inspectors was created by Cork County Council in October 2002 by agreement with the Union. This agreement also covered conditions of employment including pay for the post. The Union, when it concluded its agreement, did not anticipate that the pay increase involved would be nominal and that the lower grade of building and street inspector would have the potential to overtake the pay rate of the Chief Inspectors.
The City Council was prepared to 'fast-track' the increment process, for the two workers concerned in this case,thus eliminating any so called anomaly. This offer was rejected by the Union.
The dispute could not be resolved at local level and 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 13th July 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 9th February, 2005.
3. 1. The outcome of the competition to fill the Chief Building and Street Inspector posts could not have been predicted and therefore the difficulties encountered by the workers could not have been foreseen.
4 1. The Council offered to 'fast-track' the increment process for the two workers but the offer was rejected by the Union.
2. The workers accepted the appointments in the full knowledge of the proposed starting pay.
The Court is satisfied that the agreement on Chief Building and Street Inspectors which was accepted by the Union on 2nd October 202 stipulated the pay and terms of employment for this grade. The Court is of the view that the anomaly raised by the Union is not sufficient grounds to recommend in favour of the claim for personal to holder rates to apply in this case.
In an effort to resolve this dispute, Management has offered to fast track the two claimants to the maximum point of the LSI scale from the date of their appointment to the scale, 17th December 2003. The Court is of the view that this offer is reasonable and recommends that it should be accepted in full and final settlement of the claim.
Signed on behalf of the Labour Court
24th February, 2005______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.