Labour Court Database __________________________________________________________________________________ File Number: CD95194 Case Number: LCR14778 Section / Act: S26(1) Parties: UNIVERSITY COLLEGE, GALWAY (THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - IRISH MEDICAL ORGANISATION |
Dispute concerning the payment of a 'Medical Qualifications Allowance' to medically qualified staff.
Recommendation:
The Court considered the written and oral submissions of both
parties.
The Court accepts that the claimants are prevented from pursuing
their case under the P.C.W.
However, the Court is of the view that there is some merit in the
claimant's case and recommends that the parties meet to agree a
solution for implementation on completion of the P.C.W.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95194 RECOMMENDATION NO. LCR14778
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
UNIVERSITY COLLEGE, GALWAY
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
IRISH MEDICAL ORGANISATION
SUBJECT:
1. Dispute concerning the payment of a 'Medical Qualifications
Allowance' to medically qualified staff.
BACKGROUND:
2. The dispute concerns 11 full-time academic teaching staff in
the faculty of Medicine, U.C.G. The claim is for payment of
the Medical Qualifications Allowance (presently #3,174 p.a.)
and is founded on Labour Court Recommendations LCR10738 and
LCR6423, on foot of which the allowance is paid in U.C.D. and
U.C.C. The claim has been rejected on the grounds that,
unlike the situation that pertains in U.C.D./U.C.C, medical
qualifications are desirable but not essential in U.C.G.,
according to the College.
The dispute was the subject of two conciliation conferences
(23rd of February, 1994 and 28th of October, 1994) under the
auspices of the Labour Relations Commission, at which
agreement was not reached. The dispute was referred to the
Labour Court on the 15th of March, 1995, in accordance with
Section 26(1) of the Industrial Relations Act, 1990. The
Court investigated the dispute, in Galway, on the 17th of
May, 1990.
I.M.O'S ARGUMENTS:
3. 1. The claim is long-standing and pre-dates the Programme
for Economic and Social Progress (P.E.S.P.) and the
Programme for Competitiveness and Work (P.C.W.). It
originated during the currency of the Programme for
National Recovery (P.N.R.).
2. The payment of the allowance should have been made
automatically following the issue of Labour Court
Recommendation LCR10738, in 1987, which extended the
U.C.C. payment to U.C.D.
3. The claim is fully justified, given the special
contribution made by the teaching staff to the work of
their departments, work which is outside the competence
of non-medical academic staff.
4. The teaching of all the subjects of the medical
curriculum was originally carried out by doctors. In
recent times there has been increasing difficulty in
recruiting medical doctors to the College's full-time
staff. Changing education demands have resulted in
preclinical and paraclinical subjects being given much
greater emphasis. There is, therefore, a greater need
for full-time medical academics to be involved at all
stages of the curriculum.
5. The need for full-time medically qualified teachers
being responsible for the training of medical students
has been endorsed by national and international bodies
(details supplied to the Court).
COLLEGE'S ARGUMENTS:
4. 1. The claim, which, in effect, is seeking increases
ranging from 7.5% to 11.0% on basic pay cannot be
processed under the terms of the Pay Agreement which
forms part of the P.C.W.
2. The grounds on which the claim was advanced in U.C.C. in
1981 and the basis, accordingly, on which the original
award was recommended for U.C.C. staff (and subsequently
conceded by U.C.D.) do not apply to any substantial
degree in U.C.G. The Union, in U.C.C., cited
considerable additional duties that applied there
(details supplied).
3. In U.C.C., the College accepted that a medical
qualification was a very desirable attribute for all
preclinical staff and that it would be unusual to have
any of the posts held by other than a medically
qualified person. However, in U.C.G., a Medical Faculty
Working Party reported in 1993 that, for the
Professorship of Anatomy, a medical qualification was a
desirable but not a required qualification. As for the
Professorship of Physiology and other posts in Anatomy,
the Working Party did not go that far towards
associating a medical qualification with the post.
4. Of the 5 medical schools in the State, only 2 pay the
allowance (details supplied).
5. The cost of meeting the claim would be significant.
There would also be the large potential cost of knock-on
claims elsewhere in the College.
6. The duties of the claimants have not changed
sufficiently for the past 20 years to justify the extra
remuneration being sought.
RECOMMENDATION:
The Court considered the written and oral submissions of both
parties.
The Court accepts that the claimants are prevented from pursuing
their case under the P.C.W.
However, the Court is of the view that there is some merit in the
claimant's case and recommends that the parties meet to agree a
solution for implementation on completion of the P.C.W.
~
Signed on behalf of the Labour Court
29th May, 1995 Finbarr Flood
M.K./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.