Labour Court Database __________________________________________________________________________________ File Number: CD92100 Case Number: LCR13663 Section / Act: S26(1) Parties: TEAGASC - and - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION |
A dispute regarding the salary and conditions of 3 matrons.
Recommendation:
5. Having considered at length the written and oral submissions
of the parties, the Court does not find that the Union has
established that the quantity or quality of work performed by the
claimants has altered sufficiently since it was reviewed in 1987
to justify a change in the established relativities and a
resultant up-grading. Accordingly the Court does not recommend
concession of the Union's claim.
Division: Mr Heffernan Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92100 RECOMMENDATION NO. LCR13663
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: TEAGASC
and
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. A dispute regarding the salary and conditions of 3 matrons.
BACKGROUND:
2. 1. Teagasc employs 3 matrons in its residential
agricultural/horticultural colleges at Kilkenny, Cavan and
Athenry. The matrons have responsibility for catering,
accommodation and the health and welfare of the staff and
students of the colleges. Teagasc was established in 1988 by
the amalgamation of ACOT and An Foras Taluntais. The matrons
were employed by the Department of Agriculture before ACOT was
set up in 1980.
2. On 11th January, 1991, the Union made a claim on Teagasc
to have a staff scheme/conditions of service agreement
introduced for the matrons. The claim was based on the
agreement relating to catering officer grade I of the health
boards. The claim was rejected by Teagasc, which maintains
that the existing pay relationship with matrons of boarding
schools (who have the same salary scale maximum as a ward
sister in a hospital) is still appropriate.
3. The claim was referred to the Labour Relations
Commission and a conciliation conference was held on 8th
November, 1991. It was not possible to resolve the dispute
through conciliation and the dispute was referred to the
Labour Court for investigation and recommendation on 12th
February, 1992. A Labour Court investigation took place on
15th April, 1992 (the earliest date suitable to both parties).
UNION'S ARGUMENTS:
3. 1. The matrons employed by Teagasc are extremely adaptable.
Their duties range from catering, accommodation, maintenance
and decoration to health and welfare. In recent years,
demands on the matrons have increased with the extensive use
of the Colleges for special functions and short-stay courses.
The Colleges now operate all year round and the extra
responsibilities are carried out by the matrons in addition to
their normal duties. The position of a matron is a senior one
within the College with supervisory and overall planning
duties. The matron reports directly to the principal on a
wide range of responsibilities.
2. The matron's current analogue for pay purposes with the
ward sister in a hospital was set in 1969. The Union has
sought a staff scheme to determine conditions of employment.
This request was rejected and the matrons are the only group
of workers in the organisation without a staff scheme.
3. A new alignment for pay purposes is overdue. The
current duties and responsibilities (details supplied) of
matrons do not relate to those of the ward sister. It is
difficult, because of the range of duties, to find an exact
analogue. In broad terms, the Union submits that the position
of catering officer grade I would be the most appropriate.
Like the matron, the catering officer grade I would be
recognised as the head of the catering department and the
reporting and working relationships would reflect this. In a
hospital, the catering officer would have the assistance of a
supplies officer and matrons. Although catering officers deal
with larger numbers, there is little difference between their
work and that of the matrons and the same attention must be
paid to cost management and menu preparation.
TEAGASC'S ARGUMENTS:
4. 1. An arbitration award in 1969 granted to matrons the same
salary scale maximum as that which applies to the matron of a
boarding school and this, in turn, was the same that of a ward
sister in a hospital. Teagasc is satisfied, in the light of
the work carried out that the pay relationship set by
arbitrator is still the most appropriate.
2. Unlike the position of matron, the post of catering
officer grade I requires specific qualificatons and experience
(details supplied). A 4 grade structure is in place in
hospitals which does not compare with the catering duties of a
matron (details supplied). The claim is without foundation
from a catering perspective and it is inappropriate to compare
the duties of a matron to those of a catering officer grade I
who may have up to 1,200 patients to serve daily.
3. Teagasc, in 1987, agreed to pay the matron of Kildalton
College, Kilkenny an allowance, having regard to the general
circumstances of that College vis-a-vis other colleges. In
considering the claim, the work at all the Colleges was
examined. The workload at the colleges has not changed
significantly since that time. In the context of the
Programme for Economic and Social Progress (PESP), concession
of the claim would have a direct effect on other claims which
the matrons may pursue under the local bargaining clause.
RECOMMENDATION:
5. Having considered at length the written and oral submissions
of the parties, the Court does not find that the Union has
established that the quantity or quality of work performed by the
claimants has altered sufficiently since it was reviewed in 1987
to justify a change in the established relativities and a
resultant up-grading. Accordingly the Court does not recommend
concession of the Union's claim.
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Signed on behalf of the Labour Court
Kevin Heffernan
28th May, 1992 ---------------
J.F./U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.