The issues regarding higher grade duty have four main elements within them; the first and longest standing is the "2 year understanding", the second was what is the normal procedure in determining who is next in line to book any given higher grade duty, third was the Jarvis restructuring agreement which supplemented some benefits to existing practices, and finally the understanding that was reached on the practice of staff booking trackchargeman's rate as higher grade duty when undertaking Coss duties which addressed an area that had been overlooked by everything that had preceded it.
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The letter of "two year understanding" says:
This became known as the "2 year understanding" which was minuted in the following terms.
"With effect from 28th of January 1969, P/Way and S&T staff occupying temporary higher grade positions will be regarded as being permanent in the higher grade after a continuous period of 2 years in that grade".
This meant that men dealt with under the understanding received the higher grade and accompanying seniority rights on a personal basis and they were not regarded as being appointed to any particular post.
From this, I take it to mean that an individual having completed 2 years acting in a higher grade is effectively entitled to the rate of pay and seniority rights associated with that higher grade on a permanent basis, but isn't appointed with any particular position of that grade.
It is normal practice when someone such as a trackchargeman is absent for some reason, or there isn't one for the next person in line to book that grade, this usually being determined by seniority or grade. Leadingtrackman books the trackchargeman's rate, and the next most senior trackman books the leadingtrackman's rate.
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The Jarvis restructuring agreement says the following regarding Higher Grade Duties:
6.2 Higher Grade Duty
If, on any day, an employee works for 2 hours or more of their turn in a higher grade, payment of the appropriate higher grade for the full turn will be made.
After completion of three months continuous higher grade duty an employee will be eligible for payment of holiday and sickness pay at the higher rate.
This basically says that anyone undertaking higher grade duties for 2 hours of more of a shift is entitled to that rate for the entire shift.
The second part states that after 3 months continuously booking a grade, an individual is entitled to holiday pay and sick pay at the higher rate. Which I take to mean, is, that if a trackman booking trackchargeman as higher grade duty for 3 months or more takes annual leave or is off sick, that the basic rate of pay, annual leave premium or sick pay he receives is that of the higher grade he has been booking and not his trackman rate.
The next point on the practice of staff below the grade of trackchargeman, booking trackchargeman as higher grade duty when undertaking the duties of a Coss arose as follows at Jarvis.
It was identified that a number of staff who were below the grade of trackchargeman were undertaking the duties of a Coss on a regular basis yet not receiving any form of reward for accepting this additional responsibility. Some S&T grades got less as a hourly rate than an trackman let alone a trackchargeman.
An understanding was reached with Jarvis management that any staff undertaking Coss duties who were below the grade of trackchargeman, could book trackchargeman as higher grade duty, this forming a reward for accepting the extra responsibility of being a Coss. As an understanding it never was a written agreement, being seen by all parties as being the right things to do.
It became the standard practice across the company, and with the length of time it has been in effect, it became an unwritten part of our terms and conditions, an implied term, custom and practice.
So on advice, staff are advised to continue booking higher grade duties, in the event that the higher grade duties are knocked and they don't receive payment for such. They should submit a personal grievance immediately claiming loss of earnings, and progress it through the grievance procedure as necessary.
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