FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EHB/VOLUNTARY HOSPITALS (REPRESENTED BY HEALTH SERVICE EMPLOYERS' AGENCY) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Restoration of relativity.
BACKGROUND:
2. The issue before the Court relates to the pay of Leading Ambulance Controllers (15) employed by the Eastern Health Board (EHB). The Union is seeking the continuation of a pay relationship agreed in 1992, following a Job Evaluation Exercise, when the Union and Management accepted a salary scale which equated to the last eight points of the Clerical Grade 111 scale.
In July, 1996, a Union/Management agreement was concluded in relation to the restructuring of the Clerical/Administrative and analogous grades under clause 2(iii) of the Programme for Competitiveness and Work (PCW). The Unions claim that the Controllers have fallen out of line as a result of this restructuring. It is seeking the restoration of the 1992 parity.
The Board rejects the Unions' claim for parity with staff in the Clerical Grade 111. It states that pay rates in relation to this grade include a long service increment which the Ambulance Drivers are not entitled to. Furthermore, concession of the claim would breach Government guidelines on pay in the Public Service. Management put forward a pay proposal to resolve the dispute and in return sought some flexibility and productivity measures. This involved re-locating the Ambulance Controllers to a new central control and command centre in Townsend Street.
The Unions rejected the Board's proposals and claim that the pay relationship agreed to in 1992 should be adhered to.
As no agreement was possible between the parties, the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was convened on the 16th September, 1997 but no agreement was reached. The dispute was referred to the Labour Court on the 21st September, 1997 under Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 25th September, 1997
UNIONS' ARGUMENTS:
3. 1. The Unions are seeking the continuation of the pay relationship with the Clerical Grade 111 pay scales which was agreed to in 1992.
2. The pay scales agreed to in 1992 were the result of a comparison exercise undertaken by the Labour Relations Commission.
3. Concession of the claim will have no knock-on effects in other categories of workers in the Health Service.
4. The Unions do not accept the argument that a continuation of the pay relationship agreed to in 1992 would be in breach of the pay parameters imposed by the Department of Finance.
5. It is not acceptable that the overall agreement for Clerical/Administrative Grades and Analogous grades cannot be applied to the Ambulance Controllers.
BOARD'S ARGUMENTS:
4. 1. Concession of the claim would breach the Government's guidelines on pay within the Health Service and the wider Public Service.
2. It was understood by the Unions that the establishment of a relationship for pay purposes with the Clerical Officer Grade 111 would be for so long as there was no substantial change in that grade.
3. Management indicated that any agreement under the restructuring provisions of the P.C.W. would require agreement on flexibility/productivity in the Ambulance Service.
4. Any special increase for the Ambulance Controllers will have knock-on effects throughout the Health Service.
5. There is no basis for a pay offer to this group of workers which includes the "personal-to-holder" long service increment to Clerical Officers which formed part of the Clerical/Administrative agreement.
RECOMMENDATION:
The Court has examined all the evidence and issues raised by the parties to this dispute. In particular it has taken into account the Job Evaluation Exercise carried out in 1992 for the Ambulance Controllers (the claimants) and subsequent terms of settlement arrived at for them. These terms provided that Ambulance Controllers be paid on the last eight points of the clerical officer scale.
In addition the Court has examined pay movement in other grades which are relevant and in particular the settlement in July 1996 for Clerical Officers. Part of this latter agreement included a list of analogous grades (including the Ambulance Controllers) who were tied to the clerical officer grade.
In the light of that agreement the Unions claim for retaining the established parity with Clerical Officer (including Long Service Increments) has substance.
The Court notes that there is agreement between the parties that there is need for the introduction of flexibility and productivity measures for the claimants which have yet to be agreed. To this end a list of proposals was enclosed with the H.S.E.A. submission (Appendix 4). This list included a proposal to move the Headquarters of the Ambulance Controllers to a new centre at Townsend Street. This move is considered as critical to the re-organisation of the service.
On the basis that immediate negotiations on the flexibility/productivity measures take place in a constructive manner and in particular that the move to Townsend Street by the Controllers is accepted the Court recommends that the Unions claim be conceded in full.
Signed on behalf of the Labour Court
Evelyn Owens
7th October,1997______________________
L.W./U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.