Labour Court Database __________________________________________________________________________________ File Number: CD92439 Case Number: LCR13729 Section / Act: S26(1) Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the restoration of sick pay benefit for non nursing staff for the period 9th April, 1992 to 13th July, 1992.
Recommendation:
5. Having considered the submissions made by the parties, the
Court, in anticipation of a successful completion of the
negotiations on changes in the scheme, recommends that the Board
restore the benefits of the current scheme for the period 9th
April, 1992 to 13th July, 1992.
Division: Mr O'Connell Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92439 RECOMMENDATION NO. LCR13729
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTHERN HEALTH BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the restoration of sick pay benefit for non
nursing staff for the period 9th April, 1992 to 13th July, 1992.
BACKGROUND:
2. 1. The sick pay scheme for non-nursing staff in the Southern
Health Board provides that when on sick leave, workers are
paid the difference between their social welfare payments and
gross basic pay.
2. On 12th December, 1991, the Board wrote to the Unions to
inform them that they intended to revise the sick benefit
payable by the Board. The benefit would change to relate to
net pay rather than gross pay with effect from 1st January,
1992. The Union replied on 13th December requesting the Board
not to make a unilateral change to the scheme. The Union
represents 2,500 workers in the Board. The Board wrote to the
Union on 19th December, inviting discussions on the change.
3. The Union did not respond and on 8th April, 1992, the
Board informed the Union that the change would be implemented
from 9th April. The Union responded on 13th April objecting
to the change. Local negotiations ensued and the Union sought
to have benefit restored while negotiations took place. The
Board refused and strike notice was served to expire on 13th
July, 1992.
4. Conciliation conferences were held under the auspices of
the Labour Relations Commission on 8th, 11th and 15th July.
The strike was averted and the old benefit was put in place
for 3 weeks to enable negotiations to take place.
5. A number of concessions (details supplied) were offered by
the Board in return for the implementation of the new scheme.
The Board however refused to repay the lost benefit back to
9th April. This issue proved an impasse and no further
progress was possible. The dispute was referred to the Labour
Court on 24th July and a Labour Court investigation took place
on 6th August, 1992. The Labour Court issued a recommendation
by letter on 6th August, 1992.
UNION'S ARGUMENTS:
3. 1. The Board has acted on this issue without consultation or
agreement. Its unilateral breach of the longstanding
procedure has lead to the real threat of strike action. The
imposition of this change has effectively broken the workers'
contract of employment. This has lead to bitterness among the
workforce.
2. The Union has never advocated the payment of higher wages
while on sick leave than while working. The proposed changes
will however mean some actual losses for the workers. The
Union has negotiated with the Board on a number of items as a
means of compensation for the major change involved. In the
overall context of the negotiations it is essential that the
benefit be restored for the period from 9th April to 13th
July, 1992.
BOARD'S ARGUMENTS:
4. 1. From its first communication with the Union on the issue
in December, the Board gave full opportunity for discussion
and negotiation. It is vital that the anomaly whereby workers
earn more when on sick leave than when working be corrected.
The net pay adjustment has already been introduced in other
local authorities and health boards.
2. The Board is committed to providing the best possible
service from its limited resources and to safeguarding as many
jobs as possible. Any savings which can be generated will
assist the Board. A large number of other grades have had
the adjustments in place since 9th April and have accepted the
reasonableness of the approach. The Board has already made
major concessions in return for the adjusted sick leave
arrangements. These adjustments must be paid for out of
existing financial resources and will bring real and lasting
benefits to the workforce as a whole.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court, in anticipation of a successful completion of the
negotiations on changes in the scheme, recommends that the Board
restore the benefits of the current scheme for the period 9th
April, 1992 to 13th July, 1992.
~
Signed on behalf of the Labour Court
John O'Connell
_________________
24th September, 1992. Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.