Labour Court Database __________________________________________________________________________________ File Number: CD94207 Case Number: LCR14477 Section / Act: S26(1) Parties: COOMBE HOSPITAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the assimilation of two workers onto a salary scale for telephonists/attendants.
Recommendation:
The Court has considered all of the arguments made by the parties
in their oral and written submissions and recommends that the
workers concerned be placed on the nearest point on the
telephonist/attendant scale which is not below the point at which
they were positioned in their previous post plus one increment.
(e.g. Worker "A" rate of pay #155.24 nearest point #166.89 plus
one increment #168.70).
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94207 RECOMMENDATION NO. LCR14477
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
COOMBE HOSPITAL
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the assimilation of two workers onto a
salary scale for telephonists/attendants.
BACKGROUND:
2. 1. On 10th September, 1990, Worker A was appointed as a
telephonist/attendant with the hospital having worked as
an auxiliary (nurses' aide) for seven years. On 17th
September, 1990, Worker B was appointed as a
telephonist/attendant having worked as a domestic in the
hospital for thirteen years. The position of
telephonist/attendant is a non-officer grade and
accordingly both employees remained within the
non-officer structure. Both workers were appointed to
point one on the new telephonist/attendant scale.
2. The Union maintain that incremental credit should be
given to the two workers in recognition of their
previous service and experience and that they should be
placed on a point of the new scale corresponding to that
attained in their previous position. This would mean
that Worker B would be placed on point thirteen of the
telephonist/attendant scale and Worker A would be placed
on point seven. The Hospital rejected the claims
stating that the prevailing policy is to move workers to
the nearest point on the new scale above the point held
on the existing scale. The dispute was referred to the
Labour Relations Commission and a conciliation
conference was held on the 14th October, 1993.
Agreement could not be reached and the issue was
referred by the Labour Relations Commission to the
Labour Court on the 11th April, 1994. The Court
investigated the dispute on the 13th May, 1994.
UNION'S ARGUMENTS:
3. 1. The Hospital has applied incremental credit to other
members of staff upon appointment to positions within
the Hospital.
2. There is no overall policy agreed with the Department of
Health on this issue.
3. It is unfair and unjust that the Hospital unilaterally
decides who receives incremental credit.
4. The Union has been successful in ensuring that when new
pay agreements are introduced, service is recognised by
the Department of Health and employers.
HOSPITAL'S ARGUMENTS:
4. 1. There are no formal guidelines issued by the Department
of Health to cover the treatment of non-officer grades
in movement between grades.
2. The prevailing policy is to move workers to the nearest
point on the new scale above the point on the existing
scale. This is in line with the policy in most
hospitals and is informally approved by the Department
of Health.
3. Application of the method of assimilation proposed by
the Union would give a precedent to staff in unrelated
posts by receiving incremental credit in new posts in
which they have no previous experience. This would have
immediate knock-on effects for non-officer grades in the
hospital and potentially across the service.
4. The method proposed by the Union is far in excess of
provisions for assimilation for officer grades which are
standard across both the Health Service and the Local
Authorities.
RECOMMENDATION:
The Court has considered all of the arguments made by the parties
in their oral and written submissions and recommends that the
workers concerned be placed on the nearest point on the
telephonist/attendant scale which is not below the point at which
they were positioned in their previous post plus one increment.
(e.g. Worker "A" rate of pay #155.24 nearest point #166.89 plus
one increment #168.70).
~
Signed on behalf of the Labour Court
21st June, 1994 Tom McGrath
P.O'C./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.