Labour Court Database __________________________________________________________________________________ File Number: CD95725 Case Number: LCR15088 Section / Act: S26(1) Parties: DUBLIN DENTAL HOSPITAL BOARD (Represented by IBEC) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Increased annual leave.
Recommendation:
5. The Court is satisfied that the agreement reached on foot of
negotiations in 1990 referred solely to pay and scales.
In the circumstances of the case, the Court recommends that the
Board's offer as outlined in their submission should be accepted by
the Union.
Division: Ms Owens Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD95725 RECOMMENDATION NO. LCR15088
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DUBLIN DENTAL HOSPITAL BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Increased annual leave.
BACKGROUND:
2. 1. The Dublin Dental Hospital, is a practising and teaching
hospital and is funded by the Department of Health and
the Department of Education.
The dispute concerns approximately 35 Dental Nurses
employed by the Dublin Dental Hospital for an increase
in their annual leave entitlements. At present the
nurses have 21 days basic leave (inclusive of
concessionary days) increasing to 24 days after five
years' service.
2. In 1990, the rates of pay applicable to Dental Surgery
Assistants (DSAs) in the Eastern Health Board were
granted to nurses at the Dental Hospital. The agreement
on pay parity established a relationship between nurses
in the Dental Hospital and the DSAs in the Eastern Health
Board. The Union claimed that as there was a direct
link between both groups of nurses in relation to pay
that the same linkage should also apply to annual leave
entitlements. The linkage was further streghtened in
1993 on foot of an arbitration award to DSAs which also
benefited the dental nurses. The Union has also pointed
out that nurses at the Cork Dental Hospital receive up to
24 days annual leave.
3. In May, 1995, the Union submitted a claim for an increase
in annual leave entitlements for nurses employed at the
Dublin Dental Hospital to equate with that enjoyed by
Dental Surgery Assistants (DSAs) in the Eastern Health
Board. The DSAs in the Eastern Health Board have 24 days
basic leave (inclusive of concessionary days) increainsg
to 26 days after 5 years' service.
4. The Department of Health rejected the claim on the basis
that the award made in 1990 related to pay only and that
annual leave was not part of that claim.
5. The dispute was referred to the Conciliation Service of
the Labour Relations Commission. A conciliation
conference was held on the 16th November, 1995. During
negotiations between the parties the Board made an offer
to increase the annual leave entitlements as follows:-
21 days basic
22 days after three years' service
23 days after four years' service
24 days after five years' service.
The offer was rejected by the Union.
6. As no agreement was possible between the parties the
dispute was referred to the Labour Court on the 18th
December, 1995 in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated
the dispute on the 14th February, 1996.
UNION'S ARGUMENTS:
3. 1. There is a direct linkage for the purposes of pay between
nurses employed by the Dublin Dental Hospital and the
Dental Surgery Assistants (DSAs) employed by the Eastern
Health Board. The linkage should also apply to annual
leave entitlements.
2. Annual leave for dental nurses in the Cork Dental
Hospital is 24 days.
3. Nurses in the Dental Hospital are linked directly to the
DSAs and to no other group.
4. There would be no knock-on effects if the claim was
conceded.
BOARD'S ARGUMENTS:
4. 1. The claim is a cost increasing one and is therefore in
breach of the Programme for Competitiveness and Work
(PCW).
2. The Board rejects the Union's claim that because there is
a common pay structure that other conditions of
employment should also be aligned.
3. There would be serious knock-on effects with regards to
other conditions of employment for nurses and other
grades.
4. There is no standard leave for Dental Surgery Assistants
in the Health Boards. The DSAs receive the same annual
leave allowance as clerical grades II and III. The same
leave has been offered to the dental hospital nurses.
5. The Board has made an offer to resolve the dispute. The
offer will cost the Board approximately £6,000 per annum.
RECOMMENDATION:
5. The Court is satisfied that the agreement reached on foot of
negotiations in 1990 referred solely to pay and scales.
In the circumstances of the case, the Court recommends that the
Board's offer as outlined in their submission should be accepted by
the Union.
~
Signed on behalf of the Labour Court
Evelyn Owens
28th February, 1996 ---------------
L.W./U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR LARRY WISELY, COURT SECRETARY.