Labour Court Database __________________________________________________________________________________ File Number: CD88308 Case Number: LCR11888 Section / Act: S67 Parties: ST. LUKE'S HOSPITAL - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 5 workers employed as boilermen, groundsmen and head gardner for the payment of an additional one hour's pay per day.
Recommendation:
5. The Court, having considered the submissions made by the
parties, notes that there has been no change in the duties of the
claimants which would merit concession of the claim for increased
pay. The Court accordingly does not recommend concession of the
claim.
Division: Mr Fitzgerald Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD88308 RECOMMENDATION NO. LCR11888
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ST. LUKE'S HOSPITAL
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 5 workers employed as
boilermen, groundsmen and head gardner for the payment of an
additional one hour's pay per day.
BACKGROUND:
2. In February, 1987, the Union lodged a claim for an additional
one hour's pay per day in the form of a travel allowance which
maintenance helpers in Voluntary Hospitals receive. The Union
maintains that the workers concerned are performing duties outside
their grade, which should be performed by maintenance helpers.
The Hospital has no maintenance helpers employed. The claim was
rejected by the Hospital and on 28th July, 1987, the matter was
referred to the conciliation service of the Labour Court. As no
agreement could be reached at a conciliation conference held on
10th September, 1987, the matter was referred to the Labour Court
on 26th April, 1988, for investigation and recommendation. A
Court hearing took place on 20th May, 1988.
UNION'S ARGUMENTS:
3. 1. The duties performed by the workers concerned and the
services being provided by them are greater than the duties
being performed by similar grades in other Dublin Voluntary
Hospitals, but are identical to duties being performed by
maintenance helpers, who receive a travel allowance. The
duties they perform include assisting outside contractors,
assisting fitters, plumbers, electricians, carpenters and
painters, removing blockages from waste disposal units beneath
the Hospital buildings and cleaning gutters and drainpipes.
These certainly are not the duties of boilermen, head gardener
or groundsman. (Full details provided to the Court).
2. Maintenance helpers receive £1 per day when involved in
cleaning out blocked sewers and £10 for cleaning out a boiler.
The workers concerned perform these duties but do not receive
these payments. There is a great deal of physical effort
involved in the performance of their duties, apart from the
unpleasant nature of the work and the health risks attached.
3. Originally there were maintenance helpers employed at the
Hospital, however, this grade was dispensed with over 15 years
ago. The present financial position, therefore, was not the
reason for that grade going. The workers concerned are in
fact replacing the maintenance helpers and should be paid the
established travel allowance for doing this work.
HOSPITAL'S ARGUMENTS:
4. 1. The travel allowance conceded for maintenance helpers was
based on their relationship with maintenance craftsmen. No
such relationship exists between boilermen, groundsmen and
maintenance craftsmen. At the Hospital, groundsmen do not
carry out maintenance work, and in the case of boilermen, an
almost negligible part of their time relates to maintenance
work. It is not unreasonable to expect that a minor overlap
of duties would occur in any hospital, but this does not
warrant a travel allowance.
2. There is no travel allowance in any form paid to any other
grades in the Dublin Voluntary Hospitals other than the
maintenance craftsmen and helpers. To extend the allowance to
other grades would have serious financial implications
throughout the Voluntary Hospitals. The Department of Health
will not sanction the extension of the allowance to this
category.
3. The rates of pay for the workers concerned and maintenance
helpers differ. The workers concerned have an 8 point scale
whilst maintenance helpers have a 12 point scale. The maximum
point of the groundsmens' scale is equivalent to that of
maintenance helpers but is achieved over a shorter time and
the maximum of the boilermens' scale is higher than that of
maintenance helpers. The boilermen also earn a sizeable
amount of overtime in the Winter. This is not available to
maintenance helpers.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, notes that there has been no change in the duties of the
claimants which would merit concession of the claim for increased
pay. The Court accordingly does not recommend concession of the
claim.
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Signed on behalf of the Labour Court
Nicholas Fitzgerald
______________________
9th June, 1988. Deputy Chairman
B.O'N/J.C.