Labour Court Database __________________________________________________________________________________ File Number: CD88213 Case Number: LCR11889 Section / Act: S67 Parties: NORTH EASTERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 2 telephonists concerning grading and overtime.
Recommendation:
5. The Court, having considered the submissions from both parties
and having regard to previous Labour Court Recommendations in
relation to part-time workers, recommends concession of the
Union's claim that part-time telephonists be given incremental
credit on a pro-rata basis.
The Court notes the Board's statement in relation to additional
hours and recommends that further local discussions take place.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88213 RECOMMENDATION NO. LCR11889
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: NORTH EASTERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 2 telephonists concerning
grading and overtime.
BACKGROUND:
2. The workers concerned were appointed in 1976, as part-time
night telephonists at the County Hospital, Dundalk. They work
approximately 27 hours each per week. On appointment, their rate
of pay was related to the female Hospital Attendants Grade.
Following representations by the Union in 1978, their rate was
improved by aligning it with the minimum of Grade II Clerical
Officer. In March, 1987, the Union lodged a claim that they
should receive incremental credit on Grade II, similar to
full-time telephonists. The Union in November, 1987, also claimed
that they should be given 7 extra hours per week to cover for the
day telephonists whose hours of work had been reduced from 40 to
33 hours per week. These 7 hours per week are currently being
covered by the re-assignment of a Hospital Attendant. The Board
offered to align the 2 telephonists with the Hospital Attendant
Grade again. This would give them an increase because the minimum
rate of this grade has now outstripped the minimum rate of Grade
II Clerical Officer. This was not acceptable to the Union and on
2nd November, 1987, the dispute was referred to the conciliation
service of the Labour Court. No agreement could be reached at a
conciliation conference held on 6th January, 1988, and on 15th
March, 1988, the dispute was referred to the Labour Court for
investigation and recommendation. A Court hearing took place on
12th May, 1988, in Drogheda.
UNION'S ARGUMENTS:
3. 1. The telephonists concerned have been discriminated against
on the basis that they are part-time employees. Part-time
telephonists who are employed in the Eastern Health Board and
some other Health Boards are paid in accordance with their
service. Labour Court Recommendation No. 7672 issued in
December, 1982, conceded that part-time workers employed in
the Health Service should have similar entitlements, on a
pro-rata basis, to full-time workers.
2. The workers concerned have given a conscientious and
dedicated service to the Hospital over the years. The
workload at the Hospital has increased with the opening of St.
Oliver's Geriatric Hospital and the Psychiatric Day Service
has expanded. The workers concerned who have an ongoing
commitment to work hours, which in total are less than the
normal hours of work, should be paid at the normal rate on a
pro-rata basis.
3. Extra hours on the switchboard have become available due
to administrative changes. Custom and practice has been that
the part-time staff are given first option on all additional
hours. However, the Saturday duties have been given to
domestic staff and the workers concerned have suffered a major
loss in their earnings as a result of this.
BOARD'S ARGUMENTS:
4. 1. The Board does not have the authority to apply incremental
credit to temporary or part-time staff. Nevertheless, at the
Union's request, the Board agreed to make application to the
Minister for Health to have incremental credit granted in this
case. However, the application was rejected.
2. The workers concerned concerned were recruited and
employed as part-time non-officers and continue in that
capacity. The duties of their posts are carried out by both
officer and non-officer grade staff in the various hospitals
throughout the region. Hospitals can vary greatly in size and
in the way duties are allocated, with the result that in
different hospitals, various grades undertake telephone
duties, especially for evening and night duties.
3. The granting of incremental credit to part-time and
temporary staff has always been resisted by the Department of
Health and the employing authorities as it would have very
grave repercussive effects throughout both the health services
and public service, with the consequential cost implications.
Any additional expenditure would inevitably be at the expense
of further job losses or indeed further reductions in
services.
4. When the hours of duty of the full-time telephonists were
reduced from 40 to 33 hours per week, the resulting 7 hours
were covered by a Hospital Attendant. In this way, no
additional cost was incurred by the Board. If the 7 hours in
question were to be covered by the 2 telephonists additional
costs would be incurred, as they would have to be paid the
appropriate rate for the additional hours. The Board cannot
justify additional spending to cover the hours when there is a
means of doing so at no extra cost.
5. The 2 telephonists do not have any claim to the additional
hours. In 1979, the Board reached agreement with the Union
that they would have first option on annual relief duty, but
it was never agreed that they would have exclusive rights to
any additional hours that might become available on an
on-going basis.
RECOMMENDATION:
5. The Court, having considered the submissions from both parties
and having regard to previous Labour Court Recommendations in
relation to part-time workers, recommends concession of the
Union's claim that part-time telephonists be given incremental
credit on a pro-rata basis.
The Court notes the Board's statement in relation to additional
hours and recommends that further local discussions take place.
~
Signed on behalf of the Labour Court
Evelyn Owens
______________________
9th June, 1988. Deputy Chairman
B.O'N/J.C.