Labour Court Database __________________________________________________________________________________ File Number: CD8867 Case Number: LCR11740 Section / Act: S67 Parties: LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION;PSYCHIATRIC NURSES' ASSOCIATION OF IRELAND;FEDERATED WORKERS' UNION OF IRELAND |
Claim, on behalf of approximately 5,700 psychiatric nurses, for a 6% salary increase.
Recommendation:
5. The Court does not see why the pay of Psychiatric Nurses
should not be kept in line with pay increases generally in the
public service. The Court, therefore, recommends concession of
this claim and that it be implemented in accordance with clause
3.2 of the Agreement on Pay in the Public Service.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD8867 RECOMMENDATION NO. LCR11740
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
PSYCHIATRIC NURSES' ASSOCIATION OF IRELAND
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim, on behalf of approximately 5,700 psychiatric nurses,
for a 6% salary increase.
BACKGROUND:
2. The Union's claim which is for a special increase of 6% is
based on psychiatric nurses being linked to grade iv officers in
local authorities for pay purposes and of being part of a
well-established pattern of pay adjustment within the public
service (details supplied to the Court). The Board rejected the
claim. No agreement was reached through local negotiations and on
9th November, 1987 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 18th January, 1988 but no agreement was reached. On 19th
January, 1988 the matter was referred to the Court for
investigation and recommendation. A Labour Court hearing was held
on 22nd February, 1988.
UNIONS' ARGUMENTS:
3. 1. Psychiatric nurses are part of a well-established pattern
of pay adjustment within the public service. Specifically,
they are linked to grade 1V officers in local authorities for
pay purposes. Until 1987 when the issue was confused by
LCR11267 this pay relationship was well established and had
been endorsed by the Labour Court in 1982.
2. In the 1970s a system developed for determining the pay of
various public service grades. In the case of psychiatric
nurses, the relevant awards were eventually passed on in
circumstances where there could be no doubt that the awards
derived from a particular relationship with local authority
clerical grades. Any confusion which may have existed prior
to 1982 was dispelled by LCR7052.
3. 3. By 1982 it was clear that psychiatric nurses had a
sufficiently strong relationship with the local authority
grade 1V to expect that special awards would be passed on
without difficulty and that the relationship was at the
maximum point of the scale (details supplied to the Court).
4. In LCR11267 the Labour Court did not recommend concession
of the Unions' claim "having regard to the terms on which the
increase was awarded to the administrative staff with whom
comparison is being made." Management argued then that the
award to clerical/administrative grades was "unique" because
they received a higher increase than the 6% awarded in the
civil service. Even allowing for what management described as
'unique' there is still an amount of 6% which falls due to be
paid to psychiatric nurses arising from the general system of
pay determination which has existed since 1972. The Court's
rejection of the entire claim because of a disputed element of
2% lacks a certain amount of logic.
5. At local authority arbitration board level management
argued against "any deviation from the existing point-by-point
relationship with the civil service." However it has now
produced a new argument to suit its purpose as the maintenance
of point-by-point relationship would have required concession
of the full 8% award. The Unions' are entitled to have stable
and reliable relationships and procedures through which their
claims might be processed.
6. It is anomalous that clerical workers in a health board,
or in the same hospital as a nurse have an unjustified 8% pay
advantage over a nursing colleague as well as a working week
which is already five hours shorter. The differential at the
maximum points which was #17 in 1980 has now become almost
#1,000 (#13,258 compared with #12,308.
7. Neither the financial position of the health service nor
any other argument justifies a massive gap opening up between
two groups of workers. The work performed by psychiatric
nurses has not in any way diminished, and indeed management
has not made this argument. Conversely, there has been no
development in the clerical administrative area that would
justify such a massive gap in the salaries of the two grades.
8. The Unions' are entitled to ask what has happened to
justify a departure from the arbitrator's conclusion that the
grades should approximate at the maximum points. The workers
are entitled to an explanation as to why the financial
problems of the service should fall on their shoulders to the
tune of almost #1,000 per annum more than their colleagues.
Indeed, in its 1987 submission, management at paragraph 3.3
(i) did not dispute the entitlement to a 6% increase and
cavilled only at the 2%.
BOARD'S ARGUMENTS:
4. 1. The previous claim for an 8% increase was based on an
alleged "....specific pay relationship at the maximum point of
the Grade IV Local Authority clerical/administrative pay scale
and was rejected by the Labour Court." The present claim is
being pursued on the same basis.
2. The Labour Court rejected the previous claim 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."
3. The Unions' have not advanced any new arguments since the
Labour Court investigation to justify any increase in pay.
4. Management submit that the arguments advanced at last
April's hearing carry equal force today.
RECOMMENDATION:
5. The Court does not see why the pay of Psychiatric Nurses
should not be kept in line with pay increases generally in the
public service. The Court, therefore, recommends concession of
this claim and that it be implemented in accordance with clause
3.2 of the Agreement on Pay in the Public Service.
~
Signed on behalf of the Labour Court.
John M. Horgan
___________________
21st March, 1988
T. O'M. / M. F. Chairman.