Labour Court Database __________________________________________________________________________________ File Number: CD9689 Case Number: LCR15128 Section / Act: S26(1) Parties: ST. MICHAEL'S HOUSE (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - IMPACT |
Introduction of new technology.
Recommendation:
The Court, having considered the views expressed by the parties in
their oral and written submissions, recommends:
(1) That the National agreement on the introduction of new
technology be implemented.
(2) That in parallel with the introduction of the new technology,
the job evaluations be carried out and completed within a
period of two months.
Division: Mr McGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD9689 RECOMMENDATION NO. LCR15128
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ST. MICHAEL'S HOUSE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
IMPACT
SUBJECT:
1. Introduction of new technology.
BACKGROUND:
2. The dispute concerns the proposed introduction of new
technology, which will affect clerical/administrative staff
in St. Michael's House, Ballymun. St. Michael's House is a
care unit for the mentally handicapped.
The Union first made a claim for compensation (a word
processing allowance) for the use of new technology in 1989.
Management made a monetary offer which was rejected. At
approximately the same time, a national agreement was put in
place with hospitals and agencies for the introduction of new
technology. The agreement was for 2 additional annual leave
days in each of 2 years, on a once off basis. Hospitals
could qualify for the agreement if, following an inspection
by the Department of Health, it was agreed that a major
technological change was involved. In June, 1995, the
Department of Health decided that the agreement should be
applied to the clerical/administrative staff in St. Michael's
House.
At a local level meeting in October, 1995, the Union proposed
3 areas which it stated could secure agreement. These were
either payment of the word processor allowance, an on-going
annual leave entitlement or a cash payment. Management
rejected the proposal. The Union is also seeking that a job
evaluation be carried out by the Department of Health which
would take the introduction of new technology into
consideration.
The dispute was referred to the Labour Relations Commission
and a conciliation conference took place on 14th December,
1995. There was no agreement between the parties and the
dispute was referred to the Labour Court on 26th February,
1996, in accordance with Section 26(1) of the Industrial
Relations Act, 1990. A Labour Court hearing took place on
20th March, 1996.
UNION'S ARGUMENTS:
3. 1. The Union has tried on a number of occasions to meet
with management to settle the dispute, without any
success. Management rejected the Union's proposals,
which were reasonable, in October, 1995. If a once-off
payment were made it would be confined to 10 workers.
MANAGEMENT'S ARGUMENTS
4. 1. The national agreement which applies to all hospitals is
the same one which was proposed to the staff at St.
Michael's House. There is nothing to set the workers
concerned apart from their colleagues throughout the
country.
2. St. Michael's House has fallen seriously behind on the
introduction of new technology. Management is prepared
to have the job evaluation on new technology done, but
has received no formal request from the Union.
RECOMMENDATION:
The Court, having considered the views expressed by the parties in
their oral and written submissions, recommends:
(1) That the National agreement on the introduction of new
technology be implemented.
(2) That in parallel with the introduction of the new technology,
the job evaluations be carried out and completed within a
period of two months.
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Signed on behalf of the Labour Court
1st April, 1996 Tom McGrath
C.O'N./S.G. ________________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.