FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH EASTERN HEALTH BOARD - AND - IRISH NURSES' ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Regrading.
BACKGROUND:
2. The post of Coordinator for the Elderly was created for the first time in the North Eastern Health Board in 1994. There are three posts in each community care location, Cavan/Monaghan, Louth, and Meath.
The Union is seeking the upgrading of the three posts of Coordinator for the Elderly, from Director of Nursing Band 3 to that of Director of Mental Health Nursing.
Management rejected the Union's claim. It states that it offered the claimants Grade 8 on the managerial scale but this was rejected.
As no agreement was possible between the parties the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 10th July,2002 but no agreement was reached. The dispute was referred to the Labour Court on the 3rd September, 2002 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute in Navan on the 28th November, 2002.
UNION'S ARGUMENTS:
3. 1. The costs associated with concession of the claim is minimal.
2. This claim has been outstanding for eight years, and should have been addressed by management as part of its initial commitment to review the Area Coordinator post.
3. It is demoralising for the claimants to find themselves bringing this claim to an outside third party when it should have been resolved by internal discussions.
4. There is no justification for paying and grading the Area Coordinator less than the Director of Mental Health Nursing due to the strong similarities of the posts.
MANAGEMENT'S ARGUMENTS:
4. 1. The claimants were offered a salary scale equivalent to that of management grade 8. The offer represented an increase of 13.9% at the maximum of the scale.
2. The Union's claim that the claimants' posts were similar to the post of the Director of Nursing (Mental Health) is not valid. The Director of Nursing carries a clerical and managerial portfolio, and is paid accordingly. The Area Coordinator post is a management post only.
3. It is the Board's intention to attach the same salary to the post of Area Coordinator of Services for the elderly as attaches to the Area Manager of Disability Services. Both posts are management grades.
4. When the post of Area Coordinator was filled in 1994, the Union accepted that the posts were managerial and that they could not be benchmarked with nursing positions.
5. Concession of the salary scale sought would surpass the salary scale applicable to the General Manager post, and cause serious distortion of management structures.
RECOMMENDATION:
Having considered the submissions of the parties the Court is satisfied that the post of Coordinator for the Elderly was intended to form part of the management stream within the Board. Having regard to the reporting relationship within the management structure, the Court considers the salary level proposed by the Board to be appropriate to the post.
In the circumstances the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
13th December, 2002______________________
LW/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.