FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL REHABILITATION BOARD (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGrath Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Increase in basic pay.
BACKGROUND:
2. The claim concerns 8 workers who are employed by the Board as Regional Managers. The workers are on an 8 point salary scale which is equivalent to the Civil Service Higher Executive Officer (HEO) scale plus 15%. The Union's claim is for a six point scale equivalent to the Civil Service Assistant Principal scale. The Union is also claiming the annual leave rate appropriate to AP Grade. Management rejected the claim. The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 14th March, 1997. Agreement was not possible and the dispute was referred to the Labour Court by the Labour Relations Commission on the 17th June, 1997. A Court hearing was held on the 19th September, 1997.
UNION'S ARGUMENTS:
3. 1. Since the initial appointments of the workers concerned in 1990, their role has changed significantly (details to the Court). They have an increased level of responsibility and accountability and have co-operated with greatly expanded services and in some cases instigated improved services.
2. The internal staff structure of the NRB is such that the Regional Managers report directly to the Manager, Regional Services. This post is remunerated at Principal Officer Civil Service level and would normally have Assistant Principal grades as immediate subordinates. Workers reporting to Regional Managers include staff at Higher Executive Officer level which grade normally reports to an Assistant Principal whenever such a grading structure exists. The NRB has indicated this is an anomaly which requires to be removed.
3. Posts have been advertised in the wider public health sector at levels of pay in excess of those in the Union's claim yet the job descriptions compare in every respect to the
NRB jobs but the NRB job has additional responsibilities and also requires Third Level qualifications.
4. The question of 'knock-on' effects is exaggerated as the workers concerned do not have any other grades related to them for pay purposes. The Union is also agreeable to the red circling of the claim.
5. The rate of pay for the Regional Manager was not agreed by IMPACT. This is the first time this group has had the assistance of a union in pursuit of a pay claim. As the claim is essentially a regrading claim it falls outside the scope of the Programme for Competitiveness and Work (PCW).
COMPANY'S ARGUMENTS:
4. 1. The NRB operates as an agency of the Department of Health. Funding is administered by that Department sanctioned by the Department of Finance. Remuneration for staff in the NRB is specifically aligned to grades in the public sector and increases have been paid in accordance with public sector pay agreements in the national agreements.
2. The Department of Finance has stated that the claim cannot be conceded as it breaches the public sector pay agreement of the PCW.
3. The NRB accepts that Regional Managers have worked in a spirit of co-operation with the Board to bring about the necessary changes required to streamline the service.
4. Management is not in a position to concede a pay increase that results from the regrading of this group without the sanction of the Department of Finance.
RECOMMENDATION:
The Court has fully considered all of the issues raised by the parties in their oral and written submissions.
The Court finds that the changes to the posts here concerned in effect created new positions.
The Court considers that when the change was being considered the authorities responsible should have at the same time agreed an appropriate grade and salary level commensurate with the scope, accountability and responsibilities of the job.
The Court is concerned at the manner in which the issue was dealt with in this agency, particularly when compared with posts in relation to disability services in the Health Boards.
The Court, given all of the circumstances of this case, considers the posts concerned should be graded at Assistant Principal Officer level and paid at the appropriate level.
The workers here concerned should be assimilated onto this scale in the normal way.
The annual leave entitlement appropriate to the grade should also be applied.
The Court so recommends.
Signed on behalf of the Labour Court
Tom McGrath
6th October, 1997______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.