Labour Court Database __________________________________________________________________________________ File Number: CD86808 Case Number: LCR10980 Section / Act: S67 Parties: VOLUNTARY HOSP./DEPT.OF HEALTH - and - LGPSU |
Claim, on behalf of fifty pharmacists for the same added years entitlements for pension purposes as applies in the case of pharmacists employed in health board hospitals.
Recommendation:
5. Having considered the submissions made, the Court in this
instance recommends concession of the Union's claim, to be
effective from 1st January, 1986.
Division: Mr O'Connell Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD86808 THE LABOUR COURT LCR10980
CC86590 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10980
PARTIES: DEPARTMENT OF HEALTH
(VOLUNTARY HOSPITALS)
AND
LOCAL GOVERNMENT AND PUBLIC SERVICES' UNION
Subject:
1. Claim, on behalf of fifty pharmacists for the same added
years entitlements for pension purposes as applies in the case of
pharmacists employed in health board hospitals.
Background:
2. Pharmacists in the voluntary hospitals have broadly the same
pay and conditions as those employed in health boards with the
exception of entitlement to added years for pension purposes. The
Voluntary Hospitals Superannuation Scheme, 1969 (amended in 1977),
provides retirement benefits for members, based on service up to a
maximum of 40 years. Where members do not qualify for full
benefits because they do not have 40 years' service they can
purchase additional years of service at an actuarial cost. Years
of service may also be added on free of charge in the case of
members who retire on grounds of permanent infirmity. This scheme
is similar to the Local Government Superannuation Scheme with some
differences. One of these is the fact that under the Local
Government Scheme some professional staff are given added years
free of charge. For twenty years' service or more a pharmacist
may qualify for ten years added service, for less than twenty
years he/she may qualify for half that service. This arose
originally from a provision made in 1956 due to a difficulty in
recruiting certain professional staff, and has continued to apply
since that time to specified posts which are filled by the Local
Appointments Commission. When the Voluntary Hospitals Scheme was
introduced in 1969 (and amended in 1977), this provision was not
incorporated into that scheme. In July, 1985, the Union wrote to
the Department of Health seeking application of the added years
entitlement to pharmacists in voluntary hospitals to bring their
conditions into line with those in the health boards. (The Union
accepts that the claim has immediate implications for
approximately 45 biochemists employed in the voluntary hospitals).
The Department was not willing to concede the claim and the matter
was referred to the conciliation service of the Labour Court on
27th March, 1986. A conciliation conference held on 8th May,
1986, failed to resolve the issue and on the 21st October, 1986,
it was referred to the Labour Court for investigation and
recommendation. A Court hearing took place on 15th December,
1986.
Union's arguments:
3. (i) The pay, conditions and qualifications of pharmacists
in the voluntary hospitals are identical to those of
pharmacists in the health boards. The present pay and
grading structure is as a result of a working party
report covering both employments and as a result they
represent to some extent, a joint pool from which
higher posts are filled. Mobility between the two is
also common and it is unreasonable that for staff
moving into higher positions in the voluntary
hospitals, there should be a serious worsening in
conditions.
(ii) It is a firmly held policy of the Department of Health
that parity should be maintained between health board
and voluntary hospital personnel. Given this, and the
fact that it is established practice in making pay
comparisons to place a value on pension provisions,
the Union is seeking the application of the same
pension provisions to pharmacists in the voluntary
hospitals as exists in the health boards, with effect
from not later than 1st January, 1986.
Managements arguments:
4. (a) While the broad thrust of public service pension
schemes is similar there are differences between
schemes. Professional people have greater scope for
obtaining posts with the salary level and other
conditions, including pension conditions, which suit
them. Concession of this claim, would, in the long
term, require that all schemes be made the same.
(b) There are legitimate reasons why differing
superannuation provisions apply to pharmacists in
health boards and those in voluntary hospitals which
relate to the fact that health board pharmacists are
recruited through the Local Appointments Commission.
(c) Concession of the claim would involve tinkering with
the scheme to accomodate a small minority of staff and
would have implications for other grades of staff in
voluntary hospitals, health boards, hospitals and
ultimately across the whole public service.
(d) Pharmacists in the Voluntary Hospitals may in the
future qualify for added years on the basis of age of
appointment.
RECOMMENDATION:
5. Having considered the submissions made, the Court in this
instance recommends concession of the Union's claim, to be
effective from 1st January, 1986.
~
Signed on behalf of the Labour Court.
John O'Connell
__2nd__February,__1987. ___________________
D. H. / M. F. Deputy Chairman