Labour Court Database __________________________________________________________________________________ File Number: CD86397 Case Number: LCR10738 Section / Act: S67 Parties: UCD - and - IMO |
Claim, on behalf of sixteen medically qualified academic teaching staff for pay parity with medically qualified academic teaching staff in University College Cork.
Recommendation:
1988
Division: Mr O'Connell Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD86397 THE LABOUR COURT LCR10738
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10738
Parties: UNIVERSITY COLLEGE DUBLIN
and
IRISH MEDICAL ORGANISATION
Subject:
1. Claim, on behalf of sixteen medically qualified academic
teaching staff for pay parity with medically qualified academic
teaching staff in University College Cork.
Background:
2. In 1980, following a referral to the Labour Court of a claim
on behalf of nine medically qualified teaching academics working
in the preclinical and paraclinical departments of University
College Cork (U.C.C.), for a salary increase, an independent
assessor recommended a flat payment of #2,000 per annum to all the
claimants (professors and lecturers). This recommendation was
accepted and implemented. The present claim is for application of
a similar payment to medically qualified teaching staff in various
departments at University College Dublin (U.C.D.), details as
follows:-
___________________________________________________________
Department | Number | Grade
______________________|___________|________________________
Anatomy | 1 | Professor, Grade A
| 1 | Lecturer
| 2 | College Lecturers
______________________|___________|________________________
Physiology and | 1 | Professor, Grade A
Histology | 1 | Associate Professor
| 1 | College Lecturer
______________________|___________|________________________
| |
Pathology | 1 | Professor, Grade A
| 1 | Lecturer
| 1 | College Lecturer
______________________|___________|________________________
| |
Medical | 1 | Associate Professor
Microbiology | |
______________________|___________|________________________
Community | 1 | Professor, Grade A
Medicine and | 3 | College Lecturers
Epidemiology | |
______________________|___________|________________________
Pharmacology | 1 | Professor, Grade A
| ______ |
Total | 16 |
______________________|___________|________________________
Current Salary Scales:-
Professor, Grade A : #25,677 - #29,767
(7-point scale)
Associate Professor : #18,759 - #25,122
(6-point scale)
Lecturer : #15,539 - #22,005 (8-point scale)
College Lecturer : #14,596 - #18,961 (6-point scale)
The claim was originally served in June, 1983 and the College was
prepared to concede the claim to the claimants, with the exception
of Professors, Grade A, and Pathology and Medical Microbiology
Department staff. This was not acceptable to the Organisation and
the matter was referred to the conciliation service of the Labour
Court on 25th April, 1984. A conciliation conference held on 16th
July, 1984 did not resolve the matter and there were no further
developments until 12th May, 1986 when a further conciliation
conference took place. Again, no agreement was reached and the
matter was referred to the Labour Court. A hearing took place on
13th June, 1986. However the Court, following this hearing,
decided that it would be necessary to reconvene a hearing before
issuing a recommendation. A reconvened hearing took place on 5th
January, 1987, the earliest suitable date.
Organisation's arguments:
3. (i) The claim is for remuneration in addition to the
standard academic salary scales in respect of the
additional teaching and research contributions which
these staff make to the academic work of their
departments by virtue of their possession of a medical
qualification. These contributions, which are outside
the competence of non-medical personnel, involve a
number of areas as follows:
(a) The integration of clinical and scientific aspects of
the subjects taught in the relevant departments.
(b) The direction and supervision of students in the
laboratory where physical examination or experimental
procedures on the human is involved.
(c) Teaching on patients.
(d) The planning, direction, supervision and execution of
research on humans.
(e) The collection, extraction and interpretation of
information from confidential medical records (further
details supplied to the Court).
If the departments concerned were staffed entirely by
non-medical academics the continuation of many aspects
of their work would require the employment of part-time
assistance from medical practitioners.
(ii) In Ireland the curricula of the five medical schools
follow guidelines laid down by the Medical Council, and
are consequently broadly similar in general outline and
in the approach of the different disciplines (details
of similarities supplied to the Court).
(iii) The nature of the contribution of full-time medically
qualified academics in U.C.C. and in U.C.D. is
identical. In 1977-78 a lecturer from the Anatomy
Department of UCD concurrently conducted identical
courses in anatomy and in embryology for medical
undergraduates in the two Colleges.
(iv) The Organisation quantifies its claim as payment of
#2,600 per annum to the full-time medically qualified
staff in the various departments as outlined above,
with appropriate retrospection to the date of the
submission of the claim ie. 24th June, 1983.
College's arguments:
4. (a) The College considers that the award made in Cork which
applied to full-time medically qualified pre-clinical
staff, should have a much more restricted application
in Dublin. Professors, Grade A, already receive
adequate compensation for their special medical
teaching and research responsibilities.
(b) The award should not apply to staff of the Pathology or
Medical Microbiology departments. The teaching of
clinical pathology is carried on in the hospitals by
hospital staff who receive special payment by the
hospital from funds supplied by the College for this
work. The medically qualified pathology staff in
U.C.D. receive, in addition to their listed salaries,
additional payments for diagnostic services from funds
supplied by diagnostic tests carried out by a large
technical staff. These salaries are approximately
#5,000 p.a., are pensionable, and the work is carried
out in ordinary College time. In addition, they have
an entitlement to carry out two paid outside sessions
per week - the value of each session is of the order of
#2,000 p.a.,
(c) In the case of Medical Microbiology, the subject is
taught as a laboratory subject, not a clinically based
one. The Associate Professor receives an additional
payment as Assistant Director of the Virus Reference
Laboratory of approximately #8,058 p.a. This
laboratory is in the Department of Medical Microbiology
and the work is carried out in ordinary College time.
In the College's view only Anatomy, Physiology and
Community Medicine are pre-clinical departments.
RECOMMENDATION:
5. The Court has carefully considered the submissions made by the
parties. It is of the opinion that in all the departments at
issue the possession of a medical qualification by teaching staff
constitutes an advantage to the College and students, insofar as
it provides the base for clinically oriented training to be
developed in such departments as circumstances allow.
Assuming of course that the medically qualified staff cooperate
fully in such developments as they occur, the Court considers
that, on balance, the IMO's claim is generally sustainable and
should be conceded. However, the Court has noted the differing
salary structures applying in UCD and in particular "A"
classification of the Professors included in this claim. The
Court is satisfied that the "A" classification takes account of
such considerations as are inherent in the claim and accordingly,
it recommends for Professors of "A" classification that the amount
of the allowance be offset by the amount of the differential
between the professorial salaries of "A" classification and "C"
classification.
The Court also recommends that the allowance be taken into account
for pension purposes.
The Court further recommends that the allowance be payable with
effect from 1st October, 1983 - phased in on terms to be agreed
between the parties and in any event to be completed by 1st July,
1988.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
Deputy Chairman.
6th February, 1987.
A.K./J.C.