Labour Court Database __________________________________________________________________________________ File Number: CD88474 Case Number: LCR12199 Section / Act: S67 Parties: EASTERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of a chargehand for re-grading to officer grade 4.
Recommendation:
5. Having considered the submissions made by the parties, the
Court is of the opinion that the duties and responsibilities of
the worker concerned are not such as to warrant regrading and that
he is reasonably graded by comparison with comparable posts within
the Board.
The Court does not therefore recommend concession of the Union's
claim.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD88474 RECOMMENDATION NO. LCR12199
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: EASTERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of a chargehand for re-grading to
officer grade 4.
BACKGROUND:
2. The worker concerned was employed by the Board of James
Connolly Memorial Hospital as a driver in January, 1980. In June,
1986 he was appointed chargehand and is responsible for portering
and internal transport services in the hospital. The hospital
came under the aegis of the Eastern Health Board (E.H.B.) in 1987.
The Union, in February, 1988, lodged a claim for regrading on
behalf of the worker concerned on the basis that he undertakes
duties more appropriate to a Head of Department (non-nursing) and
given that people employed in the same capacity in other E.H.B.
establishments are Heads of Departments. The Board rejected the
claim saying that a similar job exists in St. James's Hospital
with a lower rate of pay. The Board also said that since it took
over the hospital some of the chargehand's duties have been
reduced due to the centralisation of administration. As no
agreement could be reached at local level, the dispute was
referred on 18th April, 1988, to the conciliation service of the
Labour Court. No agreement was reached at a conciliation
conference held on 13th June, 1988, and on 28th June, the matter
was referred to the Labour Court for investigation and
recommendation. A Court hearing took place on 11th August, 1988.
At the Union's request a further Court hearing took place on 24th
October, 1988.
UNION'S ARGUMENTS:
3. 1. The worker has a staff of between 31-35 people under his
direct supervision. Having regard to the worker's duties and
responsibilities (details supplied to the Court) which are
agreed by both sides, it is quite clear that the job title of
chargehand is totally inappropriate for the job.
2. Certain staff under the direct supervision of the
chargehand have higher earnings and others the potential to
earn more. This is a major anomaly. All other Heads of
Departments at the hospital are officer grade. If the claim
is successful, it would permit him to apply for any officer
posts which might arise in the future on an equal basis, thus
enhancing his promotional prospects.
3. The Union sought the services of an Industrial Engineer to
examine the post of chargehand at the hospital. He also
examined the posts of ambulance supervisors and transport
officer in the E.H.B. In his opinion the position of
chargehand should be graded the same as the position of
ambulance supervisor. (Details provided to the Court).
4. The hospital is now one of the major hospitals serving
North Dublin. It is envisaged that the hospital will be
developed further in the future. This new development will
mean an increase in services and in turn will result in
additional work for the worker.
BOARD'S ARGUMENTS:
4. 1. The basis of the Union's claim is that the worker's duties
and responsibilities have increased. However, since the
E.H.B. became responsible for the hospital his duties, if
anything, have decreased as the Board's transport officer has
overall responsibility for transport services throughout the
E.H.B. area.
2. The worker's rate of pay compares more favourably than
other comparable grades within the Dublin area of the E.H.B.
(Details provided to the Court). The worker's grade for pay
purposes is part of non-nursing personnel group and is related
to Dublin Corporation employee grades. This relationship has
always been acknowledged and advocated by the unions
representing grades within this group.
3. As a result of a study carried out in 1980/81 of rates of
pay for non-nursing personnel employed in health boards (apart
from the Dublin area of the E.H.B.) the rate of pay for this
group was rationalised, by agreement, and an 8 tier pay
structure was introduced. The group and rate of pay of this
structure (£163.95 to £176.45) is appropriate to supervisors
of 35 or more staff in regional and general hopsitals and
supervisors of 50 or more in all other hospitals. The worker
here concerned, who supervises 31 staff, receives £19.94 in
excess of the aforementioned rate at the maximum points.
4. The Board's 1988, financial allocation from the Department
of Health falls short by an estimated £6.112m and there is no
room for any flexibility in its cash-flow management
procedures. This has resulted in major cutbacks throughout
the service (details supplied to the Court). Concession of
the claim would have serious repercussive effects by way of
similar claims from other non-officer grades. Cost increasing
claims cannot be financed without further cuts in employment
and services to patients and the Labour Court, has rejected
other similar claims which have been served on the Board, for
that reason (details supplied to the Court).
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court is of the opinion that the duties and responsibilities of
the worker concerned are not such as to warrant regrading and that
he is reasonably graded by comparison with comparable posts within
the Board.
The Court does not therefore recommend concession of the Union's
claim.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
4th January, 1989 Deputy Chairman.
B.O'N./J.C.