FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Pay allowance.
BACKGROUND:
2. In 1996 a new Diploma training programme was introduced for student nurses. The original pilot scheme took place at Galway University and was subsequently extended throughout the country. In recognition of their contribution to the new curriculum, Principal Tutors Grade I were granted an allowance of £1,000, while Grade III Tutors were uplifted to Grade II. There were no Grade II Tutors in Galway at the time. All tutors were granted an additional two days study leave.
The Union is claiming an annual allowance of £1,000 on behalf of a Grade II tutor who was involved in the preparation of the new Diploma course in Waterford. The claim was the subject of a conciliation conference under the auspices of the Labour Relations Commission on the 5th of November, 1997. As subsequent discussions failed to resolve the issue, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 1st of October, 1998, in Waterford.
UNION'S ARGUMENTS:
3. 1. It seems incredibly unfair that one grade of tutor should receive no recognition for their contribution to the programme, simply because there were no Grade II tutors in Galway at the time that the package was agreed and the organisation involved did not represent Grade II tutors.
2. The worker concerned has been as much affected by the changes to the Diploma course as the other grades of tutor have been. He has been more than co-operative and has participated with changes in a constructive and forward - thinking manner.
3. The worker feels that his status and seniority have been eroded and that his work has been undervalued and unappreciated.
BOARD'S ARGUMENTS:
4. 1. The allowance which was paid to Grade I tutors has now been subsumed into a new increased pay scale. Grade III has been eliminated and Grade lll and Grade II tutors have been re-titled Nurse Tutors. All tutors received additional study leave. This was agreed on the basis of full co-operation with further development of education and training initiatives.
2. The Department of Health views this claim as a new claim under the Partnership 2000 Agreement. Nurse tutors have already received significant pay increases of 13.94%, 13.66% and 19.58% for former Principal Tutors III, II and I respectively. No additional funds are available to meet further claims. In addition, general issues in relation to nursing are the subject of an examination by a special commission.
RECOMMENDATION:
While this is a complex case given the background negotiations, the Court is satisfied that the claimant is covered by the negotiations for Grade II.
The Court is not satisfied that there is evidence to justify the claimant being awarded a specific personal increase.
Signed on behalf of the Labour Court
Finbarr Flood
23rd October, 1998______________________
D.G./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.