PERMANENT ARBITRATION TRIBUNAL

AWARD

RN145

A. INTRODUCTION

A.1 In the matter of the industrial dispute between:

The Mauritius Bank Officers Guild (Mercantile Bank Branch), on behalf of all the employees of Mercantile Bank Ltd. other than the resident officers, the non-Mauritian officers, the subordinate and messengerial staff

and

The Mercantile Bank Ltd.

The Tribunal, composed of:

Mr. H. Balgobin Vice President

Dr. H. Fakim Member

Mr. S. Collendavelloo Member

proceeded to enquire into the following industrial dispute referred to it by the Minister in charge of industrial relations, in accordance with the provisions of Section 82(1) (j) of the Industrial Relations Act, 1973, viz:

"Whether, in order. to provide motivation to and create scope for advancement of the clerical staff of the employer, their salary structure should be revised and provide for multiple pay scales as follows, or, otherwise-

CLERICAL SALARY SCALE
Year / Group E1 / Group E2 / Group E3 / Group E4
1 / ... / ... / 1,576.50
2 ... / ... / 1,690.50
3 / ... / ... / 1,791.00
4 ... / .., / 1,912.00 / 2,212.00
5 ... / ... / 2,062.00 / 2,362.00
6 ... / ... / 2,177.00 / 2,477.00 / 2,777.00 / 3,177.00
7 ... / ... / 2,260.00 / 2,560.00 / 2,860.00 / 3,260.00
8 / ... / ... / 2,367.50 / 2,667.50 / 2,967.50 / 3,367.50
9 ... / ... / 2,480.00 / 2,780.00 / 3,080.00 / 3,480.00
10 ... / ... / 2,590.00 / 2,890.00 / 3,19Q.00 / 3,590.00
11 / ... / ... / 2,690.00 / 2,990.00 / 3,290.00 / 3,690.00
12 ... / ... / 2,815.00 / 3,115.00 / 3,415.00 / 3,815.00
13 ... / ... / 2,925.00 / 3,225.00 / 3,525.00 / 3,925.00
14 ... / .., / 3,025.00 / 3,325.00 / 3,625.00 / 4,025.00
15 / ... / ... / 3.1 50.00 / 3,450.00 / 3,750.00 / 4,150.00
16 ... / ... / 3,260.00 / 3,560.00 / 3,860.00 / 4,260.00
17 ... / ... / 3,340.00 / 3,640.00 / 3,940.00 / 4,340.00
18 / ... / ... / 3,415.00 / 3,715.00 / 4,015.00 / 4,415.00
19 ... / ... / 3,530.00 / 3,830.00 / 4,130.00 / 4,530.00
20 ... / ... / 3,605.00 / 3,905.00 / 4,205.00 / 4,605.00
21 / ... / ... / 3,680.00 / 3,980.00 / 4,280.00 / 4,680.00
22 ... / ... / 3,755.00 / 4,055.00 / 4,355.00 / 4,755.00
23 / .., / ... / 3,860.00 / 4,160.00 / 4,460.00 / 4,860.00
24 / ... / 3,935.00 / 4,235.00 / 4,535.00 / 4,935.00
35 ... / .., / 4,010.00 / 4,310.00 / 4,610.00 / 5,010.00

A.2 The parties were represented by Mr. J de Lapeyre, President of the Mauritius Bank Officers Guild (Mercantile Bank Branch), assisted by Mr. P. Balmano, Attorney-at-Law on behalf of the Mauritius Bank Officers Guild (Mercantile Bank Branch) and by Mr. B. Landells, Manager, Mercantile Bank Ltd. (Mauritius), assisted by Mr. H. Moollan, Q.C. and Mr. A. B. Aboobakar, Bar-at-Law on behalf of the Mercantile Bank Ltd.

B. CONSIDERATIONS

Whether, in order to provide motivation to and create scope for advancement of the clerical staff of the employer, their salary structure should be revised and provide for multiple pay scales as follows, or otherwise:

CLERICAL SALARY SCALE

Year Group E1 Group E2 Group E3 Group E4

1 ...... 1,576.50

2 ...... 1,690.50

3 ...... 1,791.00

3 ...... 1,912.00 2,212.00

5 ...... 2.062.00 2,362.00

6 ...... 2,177.00 2,477.00 2,777.00 3,177.00

7 ...... 2,260.00 2,560.00 2,860.00 3,260.00

8 ...... 2,367.50 2,667.50 2,967.50 3,367.50

9 ...... 2,480.00 2,780.00 3,080.00 3,480.00

10 ...... 2,590.00 2,890.00 3,190.00 3,590.00

11 ...... 2,690.00 2,990.00 3,290.00 3,690.00

12 ...... 2,815.00 3,115.00 3,415.00 3,815.00

13 ...... 2,925.00 3,225.00 3,525.00 3,925.00

14 ...... 3,025.00 3,325.00 3,625.00 4,025.00

15 ...... 3,150.00 3,450.00 3,750.00 4,150.00

16 ...... 3,260.00 3,560.00 3,860.00 4,260.00

17 ...... 3,340.00 3.640.00 3,940.00 4,340.00

18 ...... 3,415.00 3,7]5.00 4,01500 4,415.00

19 ...... 3,530.00 3,830.00 4,130.00 4,530.00

20 ... .., 3,605.00 3,905.00 4,205.00 4,605.00

21 ... 3,680.00 3,980.00 4,280.00 4,680.00

22 ...... 3,755.00 4,055.00 4,355.00 4,755.00

23 ...... 3,860.00 4,160.00 4,460.00 4,860.00

24 ...... 3,935.00 4,235.00 4,535.00 4,935.00

25 4,010.00 4,310.00 4,610.00 5,010.00

B.1 The Mauritius Bank Officers Guild, hereinafter referred to as the Guild, represents all the employees of the Mercantile Bank (now functioning under the appellation of the Hong Kong and Shanghai Banking Corporation), hereinafter referred to as the Bank, except the Resident Officers, the non-Mauritian officers, the subordinate and messengerial staff. The Union therefore represents the Staff Officers and the Clerks.

B.2 The Tribunal has noted, during the course of the hearing, that Staff Officers included clerks who perform duties of a supervisory nature. However, it is clear from the trend of the evidence and from the statement of case of the Guild that the present dispute does not relate to such Staff Officers but only to the clerks.

B.3 Before 1974, the clerks were on a single salary scale, but the Bank, in order to make scope for motivation and advancement, proposed the introduction of a new salary structure of 3 scales.

B.4 Following protracted negotiations, an agreement between the Guild and the Bank was reached in July 1976. The agreement was to the effect that the clerical staff of the Bank should be put on the same salary scale as that of the clerical staff of the Barclays Bank International Ltd. It was further agreed that the salary scales at the Bank would thereafter remain in line with that of Barclays Bank International Ltd.

B.5 By the year 1980, it became evident that the newly introduced single salary scale offered little scope for advancement to the clerks, and individual efforts were consequently left unrewarded, thereby leading to some frustration. The Guild therefore made representations to the Bank for the introduction of multiple pay scales in order to "provide motivation and reward merit and hard work".

B.6 The Guild, in support of its claim, proposed a four salary scale structure. This was largely inspired by the salary scales then existing at the Banque Nationale pour Ie Commerce et l'lndustrie. It also expressed the wish to make suggestions regarding criteria for promotion from one scale to another.

B.7 The Bank too was of the opinion that there should be a multiple salary scale for the clerical staff and informed the Guild that it was seriously considering a career path scheme for clerical staff and had already undertaken, in that connection, an evaluation and grading of certain jobs being performed at the Bank. This exercise was completed around June 1981.

B.8 The negotiations between the Bank and the Guild were unsuccessful and the dispute was consequently referred to the Tribunal.

B.9 The Guild has contended that there should be 4 groups of clerical salary scales to represent the present single salary scale. It has further contended that seniority should be given prime consideration when promoting an officer from one group to another.

B.10 The Bank has suggested a six grade salary system involving a classification of posts into categories (Document' E ' refers),

B.11 The Tribunal has considered only grades 1, 2 and 3 of Document, E ' which concern the clerks whose dispute is before the Tribunal. The relevant part of the abovementioned document reads as follows:-

Grade 3 Grade 2 Grade 1

Rs Rs

Top 4,650 4,235 3,605

Bottom 2,555 2,062 1,576.50

Bills Checker (IMP /EXP Clerk (CLG) Typist Clerk (CUA)

Computer Programmer (EDP) Clerk (SFD) Proof Clerk (CUA)

Imports Clerk (BCH) General Clerk (CUA) Verifier Clerk (CUA)

Teller (CUA) Maintenance Clerk (CUA)

Clerk (IR/OR) Typist/Clerk (IR/OR)

Teller (SA V) Typist (IMP/EXP)

Clerk (1) (SEC) IBR Retirements Clerk (2)

Clerk (2) (SEC) (IMP/EXP)

lBR Retirements Clerk (1) IBC Retirements Clerk (2)

lBC Retirements Clerk (1) (IMP/EXP)

(IMP/EXP)

DC/SG Clerk (IMP/EXP) Voucher Clerks (BKS)

Exports Clerk (IMP/EXP) Correspondence Clerk

(COR)

BC Snags/Acceptances Typist/Clerk (ADM)

Clerk (IMP/EXP) I/O Control/Typist Clerk

(EDP)

Forex Clerk (BKS) Data Entry Operator

(EDP)

Reconciliation Clerk (BKS)

Payments Clerk (ADM)

Property/Maintenance Clerk

(ADM)

Stationery Clerk (ADM)

Computer Operator (EDP)

Teller/Clerk (BCH)

Typist/Clerk (BCH)

B.12 The Bank has also proposed a salary structure for these 3 grades. The Tribunal has been informed, during the course of the proceedings, that the job evaluation made by the Bank is an exercise which will be carried out by management at regular intervals in order to ascertain whether the grading of a particular job should be altered or 110t.

B.13 It follows that any alteration of the grading of a particular post should not adversely affect the holder of such post.

B/14 It should be noted that both parties are agreed on the principle of replacing the single salary scale by a multiple pay scale. We are equally convicted that such a change is a positive step towards providing the necessary motivation and creating scope for the advancement of the clerical staff.

B.15 The Tribunal has carefully considered all the evidence adduced before it including the various documents produced.

B.16 The Tribunal further carefully examined the salaries proposed by both parties and has drawn the necessary parallels with comparative jobs outside. such information having been obtained in strict confidence.

B. 17 The Tribunal awards that, as from the 1st of March, 1984 the new salary

scales (inclusive of all statutory wage increases to-date) for the Clerks of the

Bank, shall be as indicated in the following table:

TABLE

Grade I Grade II Grade III

Notch Rupees p. m. Notch Rupees p. m. Notch Rupees p. m

I 2035 I 2520 I 3015

2 2150 2 2635 2 3125

3 2250 3 2720 3 3225

4 2370 4 2825 4 3350

5 2520 5 2940 5 3465

6 2635 6 3050 6 3565

7 2720 7 3150 7 3690

8 2825 8 3275 8 3800

9 2940 9 3385 9 3900

10 3050 10 3485 ]0 4000

II 3150 II 3610 II 4]50

12 3275 ]2 3720 12 4250

13 3385 13 3800 ]3 4375

14 3485 14 3875 ]4 45]5

]5 3610 ]5 3990 ]5 4630

16 3720 16 4075 ]6 4725

17 3800 17 4150 17 4850

18 3875 18 4225 18 4950

19 3990 ]9 4330 ]9 5050

20 4075 20 4405 20 5150 .

21 4505

22 / 4605
23 / 4705
24 / 4805

Note:

(i) Employees drawing on the present scale a salary higher than the top salary of grade I of the new scale shall, unless promoted, continue to receive yearly increments up to the top of their present scale.

(ii) Any transfer from one grade to another will be to a notch carrying at least a higher salary.

C. CONCLUSIONS

The Tribunal would like to express its appreciation to parties and counsel for their co-operation hopes that good industrial relations will continue to exist.

H. BALGOBIN

Vice President

H. F AKIM

Member

S. COLLENDAVELLOO

Member

6th March, 1984