Labour Court Database __________________________________________________________________________________ File Number: CD87702 Case Number: LCR11527 Section / Act: S67 Parties: S.H.B. - and - ITGWU |
Claim, on behalf of one worker, for application of a higher rate of pay.
Recommendation:
5. The Court, having considered the submissions from both
parties does not recommend concession of the claim.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD87702 THE LABOUR COURT LCR11527
CC87793 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11527
PARTIES: SOUTHERN HEALTH BOARD
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim, on behalf of one worker, for application of a higher
rate of pay.
BACKGROUND:
2. The worker concerned commenced work at St. Patrick's
Hospital, Fermoy, in May, 1980. He was categorised as a general
worker/groundsman. In July, 1981 the Union served a claim on his
behalf for application of the gardener's rate. This claim was
rejected. Under the 1981 rationalisation agreement he was placed
on grade 1 of the eight grade structure. Gardener's rate was
classified as grade 5 and was #5 per week more. On 31st March,
1987 the Union re-submitted its claim for application of the
gardener's rate. The worker is currently paid #144.34, the eighth
point of the grade 1 scale. The claim was for #150.81, the eighth
point of the grade 5 scale. The Board again rejected the claim
and the matter was referred, on 14th May, 1987 to the conciliation
service of the Labour Court. No agreement was reached at a
conciliation conference held on 12th June, 1987. On 14th
September the matter was referred to a full hearing of the Labour
Court. The hearing took place on 21st October, 1987, in Cork.
Union's arguments:
3. (i) Prior to his employment at the hospital the worker
spent six years working as a gardener in the
Botanic Gardens, Dublin. The Board has benefitted
greatly from this experience and from his dedication
to gardening. His work has resulted in the hospital
having very well laid out and maintained grounds.
The total area of the grounds is approximately 9
acres and the worker spends about 95% of his time
on gardening duties (details supplied).
(ii) A groundsman on grade 1 would normally be responsible
for the maintenance of lawns, flowerbeds etc. This
worker is consulted on the development of the
grounds. He is responsible for the choice and
purchase of shrubs and the design in which they are
laid out.
(iii) The worker spends approximately six hours a day, 3.50
days a week from April to September driving a tractor
and mower in order to cut grass. Yet he has never
received a driving allowance. He is also required to
drive a tractor 1.50 miles on the public road to travel
to the Welfare Home where he has some duties.
Board's arguments:
4. (a) The claimant was employed as a general worker in 1980
to carry out a variety of duties. His duties have not
changed over the years. General workers may be
required to drive a tractor without application of the
tractor driver rate since this is not a whole time
occupation. The worker is not employed as a gardener.
(b) There is a general embargo by the Minister for Health
on the granting of any increases in pay or improvements
in conditions at the present time. Furthermore, the
Board has no funds from which it could meet any such
increase.
RECOMMENDATION:
5. The Court, having considered the submissions from both
parties does not recommend concession of the claim.
~
Signed on behalf of the Labour Court.
Evelyn Owens
16th November, 1987. --------------
A.K./ M. F. Deputy Chairman.