FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MOUNT CARMEL HOSPITAL (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Regrading.
BACKGROUND:
2. The dispute concerns an application by the Union for the regrading of 3 positions, 2 in "Medical Records", from Grade 2 to Grade 3, and 1 in "Creditors", from Grade 3 to Grade 4. The Union argued that external comparators, i.e., St. Joseph's, St. Luke's, Mater Private, St. Michael's and the Meath, show that Medical Records Personnel are at Grade 3. Although there are no internal or external comparators given for the Creditors area, the Union's position is that given the nature of the job, grade 4 is the appropriate grade.
The Hospital rejected the claim, stating that there had been no change in the employees' duties which would justify upgrading. The Hospital also argued that the comparators were not appropriate as the hospital is considerably smaller than the others.
The dispute was the subject of conciliation conferences under the auspices of the Labour Relations Commission, at which agreement was not reached. A proposal that an independent assessment of the posts concerned be carried out was rejected by the hospital. The dispute was referred to the Labour Court, on the 2nd of July, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation on the 19th of August, 1996.
UNION'S ARGUMENTS:
3. 1. Medical Records:
The Medical Records function is carried out in other hospitals as follows:-
St. Joseph's - Grade 3
St. Luke's - Grade 3
St. Michael's - Grades 2, 3, 4
Bon-Secours - Grade 2 - seeking upgrading
Mater Private - Grade 3
Meath - Grade 2, 3, 4.
2. Approximately two thirds of the Clerical/Administration staff in the Hospital are at Grade 3 (details supplied to the Court). Medical Records is one of the few areas at Grade 2.
3. The job-content and responsibility of the positions in Medical Records are such that it would be more appropriate to Grade 3 than Grade 2. (Details supplied to the Court).
4. Creditors:
The Grade 3 worker in Creditors is responsible for the Creditors function in the Hospital and also for the full processing of all invoices, the reconciliation of accounts, the setting up of new accounts, cheque holding and customer queries. She works largely on her own incentive and is an employee on whom the Hospital is heavily reliant to ensure the smooth running of her creditors function, her position is one to which Grade 4 is appropriate.
5. The proposal of the Industrial Relations Officer that an independent should carry out an assessment of the grades is fair, reasonable and sensible.
HOSPITAL'S ARGUMENTS:
4. 1. All three employees concerned accepted contracts of employment which stated the appropriate scale for their posts. Their contracts also stated that salary increases would be in accordance with this scale (details supplied).
2. Comparisons with the scales paid in the Public Voluntary Hospitals are not the most appropriate because Mount Carmel does not receive any funding from the Department of Health. It is almost totally reliant on Voluntary Health Insurance (VHI) for its revenue. In general terms, however, it appears that most Voluntary Hospitals have staff on Grade 2 or 3 in their Medical Records Department and Grade 3 as Accounts Assistants in charge of creditors. Therefore, the scales paid in Mount Carmel are not substantially out of line.
3. Comparisons with other Private Hospitals are also problematic because of their different structures and resources. The most appropriate comparison, the Hospital feels, is Galvia Private Hospital. It has sixty beds compared to one hundred and thirty five beds is Mount Carmel but it employs one person on a thirty five-hour week in the Medical Records Department whereas Mount Carmel employs two people for on average twenty five hours each per week. Following a job evaluation by IPC and then a joint evaluation between SIPTU's Industrial Engineer and a management nominee, the Galvia post was deemed to be a Grade 2 post.
4. The Hospital does not accept that there has been any substantial changes in the employees' duties compared to their original job descriptions. There is therefore no need to carry out a job evaluation process to re-examine the content of their jobs.
5. Concession of this claim would have serious knock on effects in the first instance for the other employees working in the Clerical Administration area. No other member of staff in this area is paid in excess of the maximum point on the Grade 3 scale.
6. Any additional costs cannot be passed on and the proposed new re-imbursement arrangements from the VHI are expected to be unfavourable. Additional costs will simply increase the Hospital's losses.
7. Any claim for an increase in salary is a cost-increasing claim which is precluded under Clause 6 of the Programme for Competitiveness and Work (PCW).
RECOMMENDATION:
The Court considered the written and oral submissions made by the parties.
The Court does not consider that a satisfactory basis has been established to justify a job assessment of these posts.
Signed on behalf of the Labour Court
Finbarr Flood
10th September, 1996______________________
M.K./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.