Labour Court Database __________________________________________________________________________________ File Number: CD94265 Case Number: LCR14716 Section / Act: S26(1) Parties: BEAUMONT HOSPITAL - and - TECHNICAL ENGINEERING AND ELECTRICAL UNION |
Claim for 7.5% differential.
Recommendation:
5. The Court, having considered the submissions from the parties,
is satisfied that in the circumstances outlined at the hearing the
claim falls to be considered in the context of National
Agreements.
The Court finds that concession of the claim would be contrary to
the terms of both P.E.S.P. & P.C.W.
Division: Ms Owens Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD94265 RECOMMENDATION NO. LCR14716
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BEAUMONT HOSPITAL
(REPRESENTED BY LOCAL GOVERNMENT STAFF
NEGOTIATION BOARD) L.G.S.N.B.
and
TECHNICAL ENGINEERING AND ELECTRICAL UNION
SUBJECT:
1. Claim for 7.5% differential.
BACKGROUND:
2. 1. The dispute concerns a claim for an enhanced rate of pay
(7.5%) for five electricians assigned to duties in the
operating theatres in the Hospital.
2. The five workers work on a rota basis with one worker
assigned full time to the operating theatres every two
months. This arrangement started approximately four years
ago.
3. The dispute was the subject of a number of meetings at
local level and a conciliation conference with the Labour
Relations Commission on 20th August, 1993. No agreement was
reached and the dispute was referred to the Labour Court
under Section 26(1), Industrial Relations act, 1990, on 4th
May, 1994. A Labour Court hearing took place on 13th March,
1995 (the earliest date suitable to the parties).
WORKER'S ARGUMENTS:
3. 1. Electricians assigned to similar duties in Local
Authorities are paid an enhanced rate of 7.5% (details
supplied to the Court). The operating theatres in the
Hospital are high stress area. Non medical staff there are
paid an enhanced rate of 8%. If necessary, the workers
concerned repair equipment whilst operations are in progress.
2. The worker is solely responsible for the maintenance of
the ten operating theatres in the Hospital. He occasionally
does work outside of the normal electricians' duties and must
use his own initiative in dealing with problems. The worker
has to be flexible at all times in case an emergency arises.
HOSPITAL'S ARGUMENTS:
4. 1. The Craft Group of Unions (including the Union
concerned) have agreed with the L.G.S.N.B. on an analogue
review pay increase of #6.81 per week for all craftsmen in
Local Authorities and Health Services. This includes the
workers concerned. The claim is prohibited under the terms
of the Programme for Competitiveness and Work (P.C.W.).
2. Electricians in the operating theatre are supervised in
the same way as craftsmen in all areas of the hospital. All
members of staff in hospitals are flexible in responding to
emergency situations. The workers concerned did not perform
any extra duties which would justify a pay increase of 7.5%.
There is no additional skill or training required for
electricians working in the operating theatres.
3. The workers are seeking a rate of pay which would be
equal to that of a chargehand, which is a supervisory grade
with a number of additional responsibilities which the
workers do not have.
RECOMMENDATION:
5. The Court, having considered the submissions from the parties,
is satisfied that in the circumstances outlined at the hearing the
claim falls to be considered in the context of National
Agreements.
The Court finds that concession of the claim would be contrary to
the terms of both P.E.S.P. & P.C.W.
~
Signed on behalf of the Labour Court
Evelyn Owens
28th March, 1995 ____________
C O'N/U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Ciaran O'Neill, Court Secretary.