INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
EASTERN COMMUNITY WORKS
(REPRESENTED BY SOUTH WESTERN AREA HEALTH BOARD)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr Nash
1. (i) Terms & Conditions (ii) Regrading of worker A (iii) Proposed re-location of worker B.
2. The case before the Court concerns a dispute between Eastern Community Works and SIPTU in relation to, (i) Terms & Conditions, (ii) Re-grading of worker A, (iii) Proposed re-location of worker B
The Union are seeking the application of the full terms and conditions of employment of the Registered Employment Agreement for the Construction Industry to seven claimants employed by Eastern Community Works with retrospection to the commencement date of employment.
As regards the regrading of worker A, the Union are claiming that the worker was employed as a carpenter and do not accept any re-grading or change of base. In terms of the re-location of worker B, the Union's position is that re-location will result in a loss of earnings vis a vis travelling time.
The Company maintain, in respect of the applicable terms and conditions that the rates of pay reflect the CIF rates but all other conditions are analogous to those operating in the public health sector. As regards the re-grading of a worker, it became apparent due to work performance that the worker in question had not previously trained or worked as a site carpenter and therefore regrading was necessary. In terms of the re-location of a worker, management reserve the right to move staff within their geographical area of work depending on the exigencies of the service.
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 27th July, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th March, 2005, the earliest date suitable to the parties.
3. 1.Terms and Conditions- Prior to the commencement of employment workers were informed that the CIF terms and conditions would apply to them. It subsequently became clear that the rates of pay would apply but other conditions as laid down in the REA would not.
2.Regrading of Worker (A)- The regrading of the worker in question is unacceptable as it will result in a loss of earnings and travel payments due to the proposed re-location. The worker was employed as a carpenter and should retain the title and the rate.
3.Re-location of Worker (B)- The re-location of a worker is unacceptable as it would result in a loss of travel time payments.
4. 1.Terms and Conditions- The employers are not members of the CIF, do not operate within the Construction Industry and, therefore, have no obligations to provide the terms and conditions of the Construction Industry Registered Employment Agreement. The CIF rates of pay were offered at interview to secure employment but other conditions of employment such as sick pay, death in service, travel and subsistence payments etc were not. The CIF pension scheme is available on an optional basis.
2.Regrading of a Worker (A)- The worker in question was employed as a carpenter but was subsequently found not to have completed the required training. There were also Health and Safety issues which necessitated that the worker be re-graded as a General Operative. The worker in question has maintained the craft rate while the dispute went through procedures.
3.Re-location of Worker (B)-The employers reserve the right to re-locate workers where necessary in line with the exigencies of the service.
The Union submitted three claims before the Court. Having considered the views of the parties expressed in their oral and written submissions, the Court recommends as follows: -
Terms and Conditions
The Union submitted a clam on behalf of seven named claimants for the full terms and conditions of employment applicable under the Construction Industry Federation Agreement i.e. CIF Pension, Sick Pay and Death Benefits Schemes, CIF Travelling Time Payments and Subsistence Allowances, with retrospection to the date the claimants commenced employment with the employer.
The Court notes that the CIF Pension Scheme is available to those employees who wish to join that scheme; CIF rates are paid and terms and conditions are analogous to those operating in the public health sector.
The Court recommends that the CIF Pension, Sick Pay and Death Benefits Schemes should be introduced for the claimants with effect from 1st April 2005 and for those claimants who wish to avail of retrospective service, each party should pay their own retrospective contributions.
The Court does not recommend in favour of the Union’s claim for application of CIF Travelling Time Payments and Subsistence Allowances.
Regrading of Mr. Eugene Caffrey
Having considered the submissions of both sides, the Court is satisfied that Mr. Caffrey did not misrepresent himself as a time served craftsmen when he was appointed as a Carpenter by management. The Court recommends that he should be entitled to retain his craft rate on a personal to holder basis, however it upholds management’s rights to regrade him as a skilled operative. The Court notes that Mr. Caffrey has relocated to the South Kildare Team, and in these circumstances recommends that his location base should be Naas and not Kilcullen.
Proposed Transfer of Mr. Michael McNally
The Court upholds management’s right to move staff within the overall area to meet the exigencies of the service, as per the contract of employment. Therefore, in order to rebalance the team, the Court recommends that Mr. McNally should agree to move to the North Kildare team with immediate effect, and in these circumstances recommends that his location base should be Naas and not Clane.
Signed on behalf of the Labour Court
29th March, 2005______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.