Labour Court Database __________________________________________________________________________________ File Number: CD93694 Case Number: LCR14347 Section / Act: S26(5) Parties: EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Hearing arising from Court Recommendation No. LCR14271, concerning the implementation of a revised salary-scale for Ambulance crews.
Recommendation:
The Court, having heard all of the views of the parties,
determines that subject to all of the outstanding productivity
measures (including rosters and access) being put in place by the
1st July, 1994, the balance of the payment due to the ambulance
drivers should be paid from that date.
Division: MrMcGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD93694 RECOMMENDATION NO. LCR14347
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(5), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
EASTERN HEALTH BOARD
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. 1. Hearing arising from Court Recommendation No. LCR14271,
concerning the implementation of a revised salary-scale for
Ambulance crews.
BACKGROUND:
2. 1. The dispute was investigated on the 30th and 31st of
October, 1993, following which LCR14271 issued. The
Recommendation was accepted by both the Union and the Board, and
brought to an end a 5-week industrial dispute.
In Clause 2.2 of LCR14271 (issued on the 1st of November, 1993),
the Court recommended that:-
"over a period of four weeks the parties complete
arrangements necessary for the implementation of the
remaining productivity measures and agree a date for the
payment of the balance of the award;
In the event that the parties are unable to agree that date
the issue should be referred back to the Court who will make
a determination on the date which will be accepted by both
parties".
Negotiations between the parties followed but agreement was not
reached on a date for the payment of the balance of the award.
The Union referred the dispute to the Court on the 20th of
December, 1993, and sought a determination on the date, in
accordance with Clause 2.2 of LCR14271.
The Court investigated the dispute on the 25th of January, 1994.
UNION'S ARGUMENTS:
3. 1. The Board made no attempt to agree an implementation
date. The Board's action is perceived as a deliberate
attempt to frustrate the full and final implementation of the
award, as accepted and agreed by both sides.
2. By seeking a deferment of the date, the Board is
reneging on its acceptance of LCR14271.
BOARD'S ARGUMENTS:
4. 1. Negotiations are currently under way concerning a
replacement Programme for Economic and Social Progress
(P.E.S.P.) for the public sector. The matter of the
outstanding balance will be addressed presently and the Board
is, accordingly, seeking a deferment of the decision on the
date of implementation, pending the outcome of the P.E.S.P.
negotiations.
RECOMMENDATION:
The Court, having heard all of the views of the parties,
determines that subject to all of the outstanding productivity
measures (including rosters and access) being put in place by the
1st July, 1994, the balance of the payment due to the ambulance
drivers should be paid from that date.
~
Signed on behalf of the Labour Court
24th February, 1994. Tom McGrath
M.K./A.L. ______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.