FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NORTH EASTERN HEALTH BOARD - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Dispute Regarding National Wage Agreement.
BACKGROUND:
2. The worker concerned is employed by the Health Board as an electrician and is based at the Louth County Hospital, Dundalk. In 1997 following a Rights Commissioner hearing he was awarded an allowance of £700 per annum in recognition of his responsibilities appropriate to an electronic technician. Since than the appropriate percentage increase under Partnership 2000 has been applied to the allowance.
In 1999 the worker requested that the allowance be increased in line with increases in pay awarded under the Analogue review of 1997 (details supplied) for craftpersons. The Health Board rejected the claim. Its position is that the Rights Commissioner recommended that the allowance attract all appropriate increases under national wage rounds and it has implemented the recommendation in full.
The Union referred the matter to the Labour Court on the 10th of April, 2000 under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Navan on the 25th of July,2000. The Union agreed to be bound by the Court's Recommendation. An invitation to attend a conciliation conference at the Labour Relations Commission was declined by the Health Board.
UNION'S ARGUMENTS:
3. 1. In the past 21 years the Analogue Agreement has determined craft rates of pay in Local Authorities, Health Boards, Voluntary Hospitals, and Government Departments with the emphasis on keeping abreast of industry rates generally. The agreement has at all times dealt with basic rates of pay, therefore all premiums i.e shift premium, overtime payments stand-by/call-out allowances, enhanced payments, chargehand/foremen rate have all been based on basic craft rate.
2. The Analogue Agreement is a specific agreement for craft workers nationally and has no relationship with any of the grade structures within the Public Service.
3. The Rights Commissioner's Recommendation was made on the understanding that the allowance would hold its value through future wage increases. The Analogue reviews are national agreements to determine the craft rates of pay.
4. This allowance cannot be isolated from the other enhanced payments. The Analogue Agreement is a national agreement and cannot be degenerated by local or regional interests. It would be a contradiction for the Court to decide that the Analogue Agreement is not an agreement to determine the craft rate of pay.
BOARD'S ARGUMENTS:
4. 1. The worker's claim was processed and dealt with by a Rights Commissioner in 1997. The Board has fully implemented the Rights Commissioner's Recommendation.
2. The worker and the TEEU accepted the terms of the recommendation at that time.
3. The letter of the 15th of November 1999, further clarifies the Rights Commissioner's original recommendation(details supplied).
4. It should be noted that the Board in 1999 employed 2 clinical engineering technicians for the Louth/Meath Hospital Group to undertake appropriate electronic technician responsibilities at Navan, Dundalk and Drogheda.
5. Responsibility allowances being paid within the Health and Public Service nationally attract national wage rounds only.
6. The craftsworker's 1997 analogue states that "the analogue increase of £18.87 per week will be paid with effect from the 1st of July 1997". This amount was arrived as per the agreed analogue formula which takes account of the average basic pay of the 17 analogue companies. The above figure is represented as a specific cash amount increase and is clearly on the basic rate of pay only, it is not expressed as a percentage increase and does not or cannot be applied to any allowances. The scales which apply to all craftworkers were adjusted in terms of basic pay only.
RECOMMENDATION:
The Court accepts that the Analogue Agreement on which the Union relies, covers craft workers employed by Local Authorities and Health Boards nationally. In that sense it is a National Agreement. However, the increases which it provides could not be described as a "wage round" as that term is generally understood.
It is abundantly clear from the Recommendation of the Rights Commissioner and from the subsequent clarification issued, that the allowance which he recommended should only be adjusted by wage round increases.
In these circumstances the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
8th August, 2000______________________
FB/SHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.