Labour Court Database __________________________________________________________________________________ File Number: CD87695 Case Number: LCR11592 Section / Act: S67 Parties: MIDLAND HEALTH BOARD AND - and - LOCAL GOVERNMENT AND PUBLIC SERVICES UNION |
Increased salary scales for training instructors.
Recommendation:
5. The Court having considered the submissions from the parties
recommends concession of the Union's claim which comes within the
terms of Clause 3.2 of the Agreement for Pay in the Public Service
1987 and should be implemented in accordance with those terms.
Division: Ms Owens Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87695 RECOMMENDATION NO. LCR11592
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MIDLAND HEALTH BOARD AND
NORTH WESTERN HEALTH BOARD
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
AND
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
SUBJECT:
1. Increased salary scales for training instructors.
BACKGROUND:
2. The instructors involved in this case train mentally and
physically handicapped persons for placement in industrial type
employment. Their scale is #11,279 to #12,320 (12 increments).
The Union, on behalf of the workers, is claiming the AnCO training
adviser/instructors scale - grade 9 and 10, between which there is
automatic progression after 3 years. Grade 9 is presently #10,051
to #15,883 and Grade 10 is #8,961 to #14,432 (both 15 increments).
The Union argued that their members' work was more related to
AnCO staff than to craftsmen, and should be paid accordingly. The
L.G.S.N.B. on behalf of the Health Boards, stated that AnCO
instructors had a much higher level of responsibility, and that
the claimants role was closer to that of supervisor. The Boards
considered that the claimants were well paid, and quoted the rates
in analogous employments by way of comparison. Agreement could
not be reached at local level, and on 3rd March, 1987, the matter
was referred to the conciliation service of the Labour Court. A
conciliation conference took place on 21st May, 1987. Agreement
was not reached, and on 10th September, 1987, the matter was
referred to the Labour Court for investigation and recommendation.
A Court hearing took place in Dublin on 26th November, 1987.
UNION'S ARGUMENTS:
3. 1. Instructors are employed by the Health Boards to impart
skills and knowledge to trainees. The trainees vary from
having no handicap (AnCO placements) to those with serious
forms of mental handicap. In developing a training programme
the instructors - together with the Project Manager - have to
develop a programme suitable for each individual trainee which
takes account of their particular handicap. Continuous
assessment is necessary because the function of the training
centre is to bring the trainees to a level where they can seek
gainful employment. This places an onus on the instructor to
ensure that the individual is a fit person to seek gainful
employment and that the requisite skills have been imparted to
him or her. The question of safety at work is paramount and
the training programmes ensure that the trainees are in an
3. 1. environment which closely reflects that appertaining to
industry. Goods are produced in the training centres which
are sold and which have to be costed to ensure that they are
produced in a cost-effective manner. The income from these
sales supplements the allocation of money to the training
centre and is seen as an important addition.
2. The instructors are fully trained (details supplied to the
Court) and are also under assessment because the information
and skills gained by the trainees depends on the quality of
the instruction. The nature of the work places particular
stress upon the instructors and they have to be adaptable to
take account of difficult circumstances which may apply to the
trainees in view of their various handicaps. This requires
the instructors to be in constant proximity to the trainees to
take account of their needs and, in particular, safety
requirements.
3. AnCO provides industrial training in a number of centres
throughout the country. They employ a number of instructors
working to section heads and training centre managers. Their
work is of a broadly similar nature to that undertaken by the
instructors in the training centres, although they may not
have much involvement with handicapped people.
AnCO are responsible for a number of modules developed in
order to provide skills necessary for future employment. The
instructors may or may not be time-served craftsmen and in
their day to day operation, are free to rely more on the
individual than is possible when dealing with handicapped
people. This relieves the stress and strain commonly
associated with teaching, a factor which is a permanent
feature of the job in training centres.
4. Craftsmen and chargehands/supervisors are employed by
Health Boards in the maintenance area. The present grade of
instructor, introduced very recently, should be seen as a
totally new grade - not directly related to the maintenance
function - but in a new area related to community training
needs. The instructors are not part of the complement of
maintenance staff and are not transferrable to maintenance
functions. They do not relate to, or report to, the technical
services officer, the maintenance officer, the maintenance
supervisor, chargehand or any other person related to
maintenance in the Health Boards.
5. AnCO are placing trainees with the training centres on
modules of up to one year. They are prepared to do this
because the level of training and the degree of assessment is
up to the same standard that is currently provided in the AnCO
training centres.
3. 6. The job of instructor with the Health Boards is one that
requires knowledge, dedication, and continued assessment.
These assessments are designed to show up any failings in the
trainee, and this indicates where corrective action is
required. (Copies of assessment forms supplied to Court.)
This process is not to be found in any section of the Health
Boards other than in the training centres. It is also to be
found throughout the teaching community. There is therefore a
direct link between the type of service being provided by the
training centres and the training environment elsewhere.
7. Because of the emergence of the new grade of instructor,
in Health Boards, it is necessary to examine and revise the
pay relationship which previously existed. The old
relationship of craftsman rate plus 25% is not sustainable
when one examines the duties and responsibilities of the grade
concerned. The salary of the instructors grade should relate
to other established teaching grades and the Union is seeking
to have the AnCO training advisor/instructor salary applied to
the grade of instructor and that it be made analogous for pay
purposes.
BOARDS' ARGUMENTS:
4. 1. The rate of pay of the instructors was originally
determined by reference to the craft rate in 1972. The rate
was increased in subsequent years by reference to the craft
rates. In January, 1983, following local negotiations and
having regard to existing pay levels within the health service
the rate was increased to craftsman's rate plus 25% and the
scale was shortened by 2 points at the bottom with effect from
12th July, 1982. It should be noted that craftsmen have
enjoyed the full benefit of public service pay agreements plus
the Analogue Review. The Analogue Review has increased the
salaries of the claimants by #13.10 over and above the
national agreement since 1982. The Analogue Review in March,
1986, will result in a further #2.32 per week for craftsmen
from 1.12. 1987 and #2.21 per week for craftsmen from 1/7/1988
which will result in an increase in the claimants salary of
#2.90 per week from 1.12.1987 and #2.76 per week from
1.7.1988.
2. Of the 45 personnel involved the skills range from social
skills, carpentry, saving skills etc. The workers concerned
have access to a back-up clinical/skills team, as required,
which consist of a psychologist, medical and para-medical
workers, together with the work-shop manager and placement
officer.
3. Management would argue that there is a fundamental
difference between the role of the AnCO training adviser/group
leader and that of the workshop instructor. The AnCO role is
to implement training in order to raise the skills of the
Irish workforce to the highest international standards.
Courses are result - orientated and the participants are
required to be able to compete in the open market for the
available employment opportunities. The AnCO syllabi would
4. 3. have a far greater instruction content. Instructors in
workshops would have a more supervisory role involving
trainees doing routine repetitive work. It is important to
note that the instructors in the health board workshops are
paid in excess of instructors employed in a number of other
bodies. (Details supplied to Court). In two cases involving
similar circumstances, the Court did not consider that a
comparison with AnCO was appropriate.
4. Concession of this claim would have serious repercussive
effects on other professional grades in the Health Boards and
in the wider health service. In the context of the Health
Boards current financial difficulties any concession of this
claim can only result in a reduction of service to the public
generally. Due regard must be paid to the present state of
the Health Boards finances, which is in a serious deficit
position. (Details supplied to Court).
5. It has been necessary for the Health Boards, in order to
stay within their allocation, to introduce a whole range of
cost savings exercises e.g. shedding of temporary employees,
the non-filling of vacancies etc. A major rationalisation of
the health services is underway and a number of committees
have been established to guide this rationalisation. In the
light of the above reasons management requests the Court to
reject the claim.
RECOMMENDATION:
5. The Court having considered the submissions from the parties
recommends concession of the Union's claim which comes within the
terms of Clause 3.2 of the Agreement for Pay in the Public Service
1987 and should be implemented in accordance with those terms.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
17th December,__1987
P. F. / M. F. Deputy Chairman.