Labour Court Database __________________________________________________________________________________ File Number: CD90539 Case Number: LCR13091 Section / Act: S67 Parties: ROYAL COLLEGE OF SURGEONS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for an increase in the basic rates of pay applicable to college porters and cleaners.
Recommendation:
5. Having reviewed the submissions of the parties and despite the
payment in 1983 which equated to the Public Service special pay
award, the Court does not consider that it has been established
that there is an agreement in relation to the payment of special
pay awards to the claimants.
This view is supported by the pay increases and phasings and
special pay increases in R.C.S.I. since 1981. Accordingly the
Court does not find grounds to uphold the claim but recommends
that the Union avail of the College offer to address the issue in
the course of upcoming negotiations on interchangeability, rosters
and the 39 hour week.
Division: CHAIRMAN Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90539 RECOMMENDATION NO. LCR13091
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROYAL COLLEGE OF SURGEONS
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for an increase in the basic rates of pay
applicable to college porters and cleaners.
BACKGROUND:
2. 1. The Royal College of Surgeons is a privately funded
College, receiving no state assistance. Its income is derived
from student fees and donations. The College operates on the
international market and two-thirds of its student intake is
from overseas.
2. A dispute arose in the College when the Union claimed an
increase in basic pay for porters and cleaners, in line with
the special pay award currently being paid to certain grades
within the public service. The Union claimed that on previous
occasions public service special pay awards have been paid to
cleaners and porters in the College. The College's position
is that while there is a policy of having regard to relevant
external pay movements, it negotiates its own rates of pay and
it has no pay relationship for cleaners or porters with other
organisations. The dispute was referred to the conciliation
service of the Labour Court on 10th May, 1990. It was the
subject of a conciliation conference on 5th July, 1990 and on
15th August, 1990. No agreement was reached and the Union
requested a full Court hearing. The College agreed and the
Court investigated the dispute on 9th October, 1990.
UNION'S ARGUMENTS:
3. 1. The current special pay award should be paid to porters
and cleaners in the College. The award is in three phases
i.e. 1st July, 1989 - #3.50 per week, 1st April, 1990 - #2.25
per week and 1st October, 1990 - #2.00 per week. The last two
special pay awards have been paid in full by the College.
2. The College rejected the Union's claim on the basis that
it had never paid special pay awards in the past. However, it
now acknowledges that a special award was paid in 1983. The
Union claim is based on clear precedent. Other grades in the
College such as technicians have received the 1989/1990
special award. In the past the College has always paid
National Understanding/Public Service Wage Agreements (copy
letters setting out such payments supplied to the Court).
COLLEGE'S ARGUMENTS:
4. 1. Management is opposed to the principle that the
application of the public service special pay award in
1989/1990 should apply to the Royal College of Surgeons. The
College has always rejected the concept of relativity with
U.C.D. This fact was stated in 1981 in a letter to the
I.T.G.W.U. The Union in its response accepted the proposals
contained in that letter and there was no further mention of
the College's position on relativity (copy of both letters
supplied to the Court).
2. Porters in the College are paid on a 1 point scale of #176
per week without taking account of long service increments.
U.C.D. porters are paid between #147 and #161 per week on a
six point scale and public service Department of Health
porters are paid between #159 and #174 on an 8 point scale.
Cleaners in the College are paid between #148 and #160 per
week while cleaners in T.C.D. are paid #141.68 per week.
3. The College seeks to match relevant external pay movements
and in fact pays better than the public sector in the majority
of categories. It cannot be directly linked to the public
sector pay structure on an ongoing basis. Independence on pay
policy must be maintained as the College is privately funded.
Pay increases in the public sector and increases granted by
the College have varied considerably since 1981. In 1988 when
the public sector were paying a 26th wage round (P.N.R.) the
College was commencing a 27th wage round (P.N.R.) (details of
wage increases applied in the public sector since 1981 and
those applied by the College since 1981 were supplied to the
Court). The College has a specific agreement with Technicians
only, that public sector special pay awards applies.
4. The College accepts that it is liable for a recompense
claim in respect of interchangeability in the context of
roster adjustments, 39 hour week and staffing levels. Without
prejudice to its position, the College is prepared to address
the pay issue when discussing these topics, without committing
itself to direct relativity thus keeping in line with the 1981
College/Union Agreement.
RECOMMENDATION:
5. Having reviewed the submissions of the parties and despite the
payment in 1983 which equated to the Public Service special pay
award, the Court does not consider that it has been established
that there is an agreement in relation to the payment of special
pay awards to the claimants.
This view is supported by the pay increases and phasings and
special pay increases in R.C.S.I. since 1981. Accordingly the
Court does not find grounds to uphold the claim but recommends
that the Union avail of the College offer to address the issue in
the course of upcoming negotiations on interchangeability, rosters
and the 39 hour week.
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Signed on behalf of the Labour Court
Kevin Heffernan
____________________________
26th November, 1990 Chairman.
A.McG./J.C.