FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH WATER - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Pay of seconded Resident Engineers - alleged breach of Agreement.
BACKGROUND:
2. This case concerns a dispute regarding an agreed rate of pay for the grade of “Field Engineer” paid to Local Authority Engineers who are on secondment to Irish Water. The Union said the rate of pay fixed by Irish Water is a breach of the agreement while Irish Water said that they are fully adhering to the terms of the agreement. As agreement was not reached, the dispute was referred to the Labour Court on the 18th February 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 22nd April 2014.
UNION’S ARGUMENTS:
3. 1. In the Local Authority Sector Resident Engineers are typically placed within a pay range from €59,680 to €65,000. The effect of the €60,000 fixed payment imposed by Irish Water is to fix the pay of Field Engineers at just above the minimum of the pay range.
2. In their original advertisement of the post Irish Water required a minimum of five years’ experience. In doing so they have accepted the importance and value of the experience needed for this post.
3. The imposition of a €60,000 salary limit by Irish Water ignores the agreed and long established pay range for Local Authority Resident Engineers and effectively replaces it with a fixed salary regardless of experience.
EMPLOYER'S ARGUMENTS:
4. 1. One of the roles identified as part of the Metering Programme was that of Metering Contract Field Engineer. This role is responsible for carrying out audits and resolution duties in the field for Irish Water. The Field Engineers report to the Metering Contract Management Support Supervisor.
2. The work is labour-intensive and repetitive but is not particularly skilled; the Field Engineers are themselves supervised and managed by Regional Managers at the level of Senior Resident Engineer.
3. Irish Water has applied Local Authority remuneration principles to all Local Authority secondees to the Metering Programme. In accordance with these principles, the Project Lead on the Metering Programme has examined the role of the Field Engineer and, taking full account of the job function, the level of experience and skills required for the role, has determined that the Resident Engineer pay range with a point of €60,000 within that range is the appropriate rate for the role of Field Engineer.
RECOMMENDATION:
A collective agreement was concluded between the parties concerning the terms under which staff, including those associated with this claim, would be seconded from Local Authorities to Irish Water. In relevant part this Agreement provides: -
- “Secondees will retain their existing terms and conditions and will continue to be subject to relevant public service agreements during the period of secondment”
The net issue in dispute concerns how that general principle should be applied in fixing the point within the relevant salary range at which those seconded should be remunerated. The Union contends that normal practice is that the reference point used is the skill level and experience of individual engineers. Irish Water contends that normal practice is that the reference point is the skill level which the work demands rather than the skill or experience of the individual.
The Court recommends that the parties should accept that the criterion against which the appropriate point within the salary range is determined in this case should be the same as that generally applied where engineers are assigned to work as Resident Engineers in analogous circumstances. There is no information before the Court at present by which it could determine which of the conflicting versions of current practice is correct. In these circumstances it is for the parties to establish the factual position in that regard. They should do so by obtaining and exchanging information on the custom and practice which has previously applied in analogous situations.
The Court further recommends that the parties should re-engage as soon as practicable for that purpose. If the parties are unable to reach final agreement the matter may be referred back to the Court for a definitive recommendation. However, in any reference back the parties should provide the Court with full and detailed information upon which their respective positions are grounded.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
6th May, 2014.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.