Labour Court Database __________________________________________________________________________________ File Number: CD87110 Case Number: LCR11267 Section / Act: S67 Parties: LGSNB - and - ITGWU;PNA |
Claim for a special pay increase.
Recommendation:
6. The Court having regard to the terms on which the increase was
awarded to the administrative staff with whom comparison is being
made and to the present state of finances in the Health Service
does not recommend concession of this claim.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87110 THE LABOUR COURT LCR11267
CC861794 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11267
Parties: LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
PSYCHIATRIC NURSES' ASSOCIATION
Subject:
1. Claim for a special pay increase.
Background:
2. This claim is for an 8% special increase on behalf of 5700
psychiatric nurses. It arises as a result of an increase of 8% to
grade iv officers in local authorities which was granted in
Arbitration Report 103 for Local Government and Health Services.
The Unions consider that the workers have a specific relationship
with grade iv in local authorities for pay purposes and therefore
are claiming a special increase of 8%. The maximum of the
psychiatric nurses scale is #11,770 per annum while it is #12,683
for the grade iv in local authorities. The Board rejected the
claim and did not accept that there was a relativity with the
local authorities. In 1982 the Labour Court investigated a claim
for an 8.5% increase on behalf of these workers. The Court
recommended concession of that claim (L.C.R. No. 7052 refers).
3. No agreement was reached through local negotiations and on
21st October, 1986 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 13th January, 1987 the case was referred to the Court for
investigation and recommendation. A Labour Court hearing was held
on 3rd April, 1987.
Unions' arguments:
4. (i) The Unions' submission in relation to the Court
investigation in 1982 clearly showed that psychiatric
nurses had a long standing relationship with grades in
local authorities and that increases for those grades
were passed on to psychiatric nurses. In addition it
was also shown that there was a specific link with the
comparable grade in the local authorities.
(ii) The workers concerned are not part of some general
orbit within which pay increments take place but they
have a quite specific pay relationship at the maximum
point of the grade iv local authority
clerical/administrative pay scale.
(iii) Following a report on pay in 1979, by a special
committee within the Local Authority C & A Scheme
discussions took place on both general and psychiatric
pay. However, in report number 045 the Arbitrator
considered it reasonable to allow a closer
approximation of the staff nurses' salary at maximum to
that of the grade iv clerical officer. This position
was endorsed by the Labour Court in L.C.R. No. 5731.
That recommendation sought to place nurses on a more
appropriate rate of pay; not merely objectively, but by
very specific reference to the clerical officer iv
maximum point.
(iv) In LCR 7052, the Court confirmed that it saw merit in
the claim and recommended concession. Indeed, when all
the facts are examined there is such overwhelming merit
in this claim that more co-operative attitude might
have been expected from the employers which would have
rendered the involvement of the Court unnecessary.
(v) In 1982 the Unions' showed how the pay relationship had
been disrupted by an award to the grade iv staff.
Labour Court Recommendation No. 7052 restored that
relationship. However, as a result of the 8% increase
for clerical officers a gap of almost #1000 has been
opened up between the maximum of the psychiatric nurses
and the grade iv in the local authorities. Concession
of the Unions' claim would close this gap.
Board's arguments:
5. (a) The award to clerical/administrative grades iv - vii
was unique. For the first time since the introduction
of the grading structure for the local authority/health
board clerical/administrative grades the latter
received a special increase different from the 6%
increase awarded to civil service executive and higher
executive grades.
(b) The clerical/administrative grades based their claim on
alleged erosion in their pay position vis-a-vis other
administrative categories and on the basis of
relativities in the local authority and health service.
Significantly pay increases secured by nursing grades
were cited in support of their claim.
(c) The Arbitrator in his findings based his award on
"...the particular circumstances of the Grades IV to
VII ..." and went on to say that these findings "...
cannot be invoked as being necessarily relevant to
other grades linked to the claimant grades."
(d) These increases were passed on to
clerical/administrative "analogous grades" in local
authorities and health boards as the latters' pay
relationship is solely and exclusively with the
clerical/administrative grades iv to vii. Reference to
clerical and administrative grades is just one of a
number of criteria used by psychiatric nurses in
pursuit of special pay claims over the years.
(e) The Arbitrator's award to clerical and administrative
grades in 1984 was the first independent examination of
the duties and responsibilities of the claimants since
the establishment in 1974 of the clerical and
administrative grading structure for health boards and
local authorities. Therefore Arbitration Report No.
103 was the equivalent of the psychiatric nurses' pay
review of 1980 (Labour Court Recommendation No. 5731
refers).
(f) Concession of this claim would add approximately #7
million to the psychiatric nursing payroll and will
result in repercussions in the general nursing and
paramedical area, where a similar increase will add #25
million annually to payroll costs. Increases to
psychiatric nurses have traditionally been passed on.
(g) In considering the Unions' claim due regard must be
taken of the present state of health board finances,
allocations to the health boards for the coming year
and the size of the public service pay bill and the
problems of financing it. There is no provision for
any further pay increases.
RECOMMENDATION:
6. The Court having regard to the terms on which the increase was
awarded to the administrative staff with whom comparison is being
made and to the present state of finances in the Health Service
does not recommend concession of this claim.
~
Signed on behalf of the Labour Court
John M. Horgan
________________________
Chairman
29th June, 1987
T.O'M/J.C.
CD87110 THE LABOUR COURT LCR11267
CC861794 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11267
Parties: LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
PSYCHIATRIC NURSES' ASSOCIATION
Subject:
1. Claim for a special pay increase.
Background:
2. This claim is for an 8% special increase on behalf of 5700
psychiatric nurses. It arises as a result of an increase of 8% to
grade iv officers in local authorities which was granted in
Arbitration Report 103 for Local Government and Health Services.
The Unions consider that the workers have a specific relationship
with grade iv in local authorities for pay purposes and therefore
are claiming a special increase of 8%. The maximum of the
psychiatric nurses scale is #11,770 per annum while it is #12,683
for the grade iv in local authorities. The Board rejected the
claim and did not accept that there was a relativity with the
local authorities. In 1982 the Labour Court investigated a claim
for an 8.5% increase on behalf of these workers. The Court
recommended concession of that claim (L.C.R. No. 7052 refers).
3. No agreement was reached through local negotiations and on
21st October, 1986 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 13th January, 1987 the case was referred to the Court for
investigation and recommendation. A Labour Court hearing was held
on 3rd April, 1987.
Unions' arguments:
4. (i) The Unions' submission in relation to the Court
investigation in 1982 clearly showed that psychiatric
nurses had a long standing relationship with grades in
local authorities and that increases for those grades
were passed on to psychiatric nurses. In addition it
was also shown that there was a specific link with the
comparable grade in the local authorities.
(ii) The workers concerned are not part of some general
orbit within which pay increments take place but they
have a quite specific pay relationship at the maximum
point of the grade iv local authority
clerical/administrative pay scale.
(iii) Following a report on pay in 1979, by a special
committee within the Local Authority C & A Scheme
discussions took place on both general and psychiatric
pay. However, in report number 045 the Arbitrator
considered it reasonable to allow a closer
approximation of the staff nurses' salary at maximum to
that of the grade iv clerical officer. This position
was endorsed by the Labour Court in L.C.R. No. 5731.
That recommendation sought to place nurses on a more
appropriate rate of pay; not merely objectively, but by
very specific reference to the clerical officer iv
maximum point.
(iv) In LCR 7052, the Court confirmed that it saw merit in
the claim and recommended concession. Indeed, when all
the facts are examined there is such overwhelming merit
in this claim that more co-operative attitude might
have been expected from the employers which would have
rendered the involvement of the Court unnecessary.
(v) In 1982 the Unions' showed how the pay relationship had
been disrupted by an award to the grade iv staff.
Labour Court Recommendation No. 7052 restored that
relationship. However, as a result of the 8% increase
for clerical officers a gap of almost #1000 has been
opened up between the maximum of the psychiatric nurses
and the grade iv in the local authorities. Concession
of the Unions' claim would close this gap.
Board's arguments:
5. (a) The award to clerical/administrative grades iv - vii
was unique. For the first time since the introduction
of the grading structure for the local authority/health
board clerical/administrative grades the latter
received a special increase different from the 6%
increase awarded to civil service executive and higher
executive grades.
(b) The clerical/administrative grades based their claim on
alleged erosion in their pay position vis-a-vis other
administrative categories and on the basis of
relativities in the local authority and health service.
Significantly pay increases secured by nursing grades
were cited in support of their claim.
(c) The Arbitrator in his findings based his award on
"...the particular circumstances of the Grades IV to
VII ..." and went on to say that these findings "...
cannot be invoked as being necessarily relevant to
other grades linked to the claimant grades."
(d) These increases were passed on to
clerical/administrative "analogous grades" in local
authorities and health boards as the latters' pay
relationship is solely and exclusively with the
clerical/administrative grades iv to vii. Reference to
clerical and administrative grades is just one of a
number of criteria used by psychiatric nurses in
pursuit of special pay claims over the years.
(e) The Arbitrator's award to clerical and administrative
grades in 1984 was the first independent examination of
the duties and responsibilities of the claimants since
the establishment in 1974 of the clerical and
administrative grading structure for health boards and
local authorities. Therefore Arbitration Report No.
103 was the equivalent of the psychiatric nurses' pay
review of 1980 (Labour Court Recommendation No. 5731
refers).
(f) Concession of this claim would add approximately #7
million to the psychiatric nursing payroll and will
result in repercussions in the general nursing and
paramedical area, where a similar increase will add #25
million annually to payroll costs. Increases to
psychiatric nurses have traditionally been passed on.
(g) In considering the Unions' claim due regard must be
taken of the present state of health board finances,
allocations to the health boards for the coming year
and the size of the public service pay bill and the
problems of financing it. There is no provision for
any further pay increases.
RECOMMENDATION:
6. The Court having regard to the terms on which the increase was
awarded to the administrative staff with whom comparison is being
made and to the present state of finances in the Health Service
does not recommend concession of this claim.
~
Signed on behalf of the Labour Court
John M. Horgan
________________________
Chairman
29th June, 1987
T.O'M/J.C.