Labour Court Database __________________________________________________________________________________ File Number: CD87666 Case Number: LCR11516 Section / Act: S67 Parties: I.N.O. - and - ACTSS |
Claims, on behalf of five Regional Organisers, for increases in salary and mileage allowance.
Recommendation:
Claim (a) Salary:
9. The Court recommends that the proposal which emerged from the
conciliation conference be amended to provide for assimilation on
the basis of one increment.
Claim (b) Travel Allowance:
The Court recommends that this claim be conceded.
Division: CHAIRMAN Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87666 THE LABOUR COURT LCR11516
CC87512 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11516
Parties: IRISH NURSES ORGANISATION
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claims, on behalf of five Regional Organisers, for increases
in salary and mileage allowance.
General Background:
2. The five Regional Organisers are employed by the Irish Nurses
Organisation to advise and represent nurses on matters relating to
salaries, conditions of employment etc. All Regional Organisers
are required to be registered nurses.
Claim (a) Increase in Salary:
Background:
3. At present Regional Organisers are paid in accordance with the
salary scale of Public Health Nurses. In June 1986, a claim was
served for application of the Superintendent Public Health Nurse
Salary scale. The current scales are as follows:-
Public Health Nurse Senior Supt. Public Health Nurse
#12,737 #13,665 #14,035
12,961 13,943 14,451
13,213 14,223 14,702
13,420 14,502 14,945
13,654 14,781 15,193
13,883 15,445
14,035 15,983
The Organisation rejected the claim and the matter was referred to
the conciliation service of the Labour Court on 27th March, 1987.
Conciliation conferences took place on 18th May, 1987 and 25th
August, 1987. The Industrial Relations Officer of the Court
proposed that each individual would move up three points on the
P.H.N. Scale and would then progress to the end of that Scale on
the usual yearly increment basis. On reaching the end of that
Scale their next increment would be the second point of the Supt.
P.H.N. Scale. (The last point of the P.H.N. Scale is the same as
the first point of the Supt. P.H.N. Scale).
Example:
A person on Point (1) of P.H.N. Scale, #12,737, would go to Point
(4), #13,420, progress up the Scale and be assimilated to Supt.
P.H.N. Scale on reaching Point (7), #14,035.
A person on Point (4) of P.H.N. Scale, #13,420, would go to Point
(7), #14,035. The next increment would be Point (2) of Supt.
P.H.N. Scale #14,451.
A person on maximum of P.H.N. Scale, #14,035, would go to Point
(4) of Supt. P.H.N. Scale, #14,945.
The Organisation was not agreeable to this proposal. However, it
was prepared to offer the Senior Public Health Nurse scale with
assimilation in each case to the next point on that scale above
the present one. No agreement being reached, the matter was
referred to a full hearing of the Labour Court. The hearing took
place on 19th October, 1987.
Union's arguments:
4. (i) Regional organisers are full time Union officials and
provide a service for members of the I.N.O. in the same
way as officials in any other Union do. Three of their
colleagues secured positions as full time officials in
other Unions. All three were appointed to represent
memberships other than nurses in these organisations.
This gives an indication of the quality of the
industrial relations expertise employed by the
individuals concerned. Their function is to represent
nurses in respect of all matters pertaining to their
employment, and to negotiate nurses' salaries and all
other related conditions of employment. They represent
their members before the Labour Court, Rights
Commissioner, Equality officers and, where necessary,
before the Employment Appeals Tribunal. In the course
of their representations they must meet Regional Health
Branches and Hospital Boards. They are required to
have the range of skills necessary to adequately advise
and represent their members in all these circumstances.
(ii) The Union's claim is considered to be modest in the
context of the work performed. Its concession would
not bring the salary level up to that of full time
Union officials elsewhere. The claim has been
structured in keeping with the field in which these
individuals work.
Organisation's arguments:
5. (a) Each Organiser, accepted, on appointment, the scale of
Public Health Nurse as the scale appropriate to the
post of Regional Organiser. The scale reflects the
level of responsibility of the work and exceeds that
payable to hospital based Staff Nurse whose salary
scale is:
#9388, 9754, 10142, 10514, 10906, 11271, 11541, 11818, 11924.
The basic working week of Regional organisers is 30
hours as compared to the 40 hour week worked by their
nursing colleagues. It is acknowledged that they
regularly work in excess of these hours. However, the
Organisation affords generous time off for excess hours
worked.
(b) The claim, if conceded, would represent an increase of
14% at maximum points. In the present situation of the
inflation rate being below 4% this is considered to be
excessive.
(c) The Organisation also considers that the claim is
unreasonable since it seeks to jump two grades. It
considers that the offer made is fair and generous.
Claim (b) Mileage Allowance:
Background:
6. Current mileage rates are as follows:-
------------------------------------------------------------------
| | |
| | Inclusive Rate Per Mile |
| Official Mileage |-------------------------------------|
| in a Mileage Year | Less than 10 - 12 12 H.P. |
| | 10 H.P. H.P. and over |
| | |
| | # # # |
| Up to 2,000 miles | 0.4493 0.5190 0.6026 |
| 2,001 to 4,000 miles | 0.4933 0.5714 0.6643 |
| 4,001 to 6,000 miles | 0.2733 0.3094 0.3558 |
| 6,001 to 8,000 miles | 0.2586 0.2919 0.3352 |
| 8.001 to 12,000 miles | 0.2293 0.2570 0.2941 |
| 12,001 and upwards | 0.2000 0.2221 0.2530 |
|-----------------------------------------------------------------
One of the five Regional Organiser, appointed in 1978, uses a 12
h.p. car and is paid mileage expenses at the maximum rate of 12
h.p. and over on a personal to holder basis. The other four,
appointed between 1983 and 1986 are confined to the lower rate of
10-12 h.p. regardless of the actual h.p. of their cars. The Union
sought application of the higher rate where appropriate to the
other four Regional Organisers. The claim progressed to
conciliation alongside the salary claim and was also referred to
the Court hearing which took place on 19th October, 1987.
Union's arguments:
7. (i) The Union considers the existing situation to be unfair
and discriminatory. All five Regional Organisers have
similar duties and use their cars in the course of
duty. At the time of appointment the four Organisers
on the lower rate were not aware of any difference in
conditions of employment between themselves and the
fifth Regional Organiser.
(ii) The difference in rates between one Organiser and the
others greatly affects expense earnings. Those on the
lower rate, if they are not to suffer severe financial
loss, must purchase a car of 12 h.p. or less in the
knowledge that the amount of mileage done will further
depreciate the value of the car, leading to increased
expenditure, especially the need to change the car more
frequently.
Organisation's arguments:
8. (a) The Organisation rejects the claim for an increase in
the mileage rates payments and believes that the
current payments for use of cars by its staff are
adequate.
(b) The mileage rates payable to Organisers are the same as
those payable to other officers of the Organisation.
The higher rate applying to one Organiser is a
reflection of long service.
(c) With the continuing reduction in petrol costs the cost
of running a car has, if anything, reduced in the past
twelve to eighteen months.
RECOMMENDATION:
Claim (a) Salary:
9. The Court recommends that the proposal which emerged from the
conciliation conference be amended to provide for assimilation on
the basis of one increment.
Claim (b) Travel Allowance:
The Court recommends that this claim be conceded.
~
Signed on behalf of the Labour Court
John M Horgan
11th November, 1987 --------------
A.K./U.S. Chairman