FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH WESTERN AREA HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr Somers |
1. (a) Increase in travel allowance. (b) Payment of bus fares.
BACKGROUND:
2. The issue in dispute is a claim by the Union on behalf of three general operatives for an increase in the travel allowance currently paid to them and for the payment of bus fares. The claimants are employed at St. Mary's Hospital, Phoenix Park, and are seeking an increase from one hour travel time per day to one and a half hours' travel time per day plus bus fares. These are the allowances currently paid to craftworkers at St. Mary's Hospital. The claimants are attached to the Cherry Orchard Engineering Base, where general operatives receive 1.25 hours travel time and craftsmen receive one hour.
Management rejected the Union's claim and the issue was the subject of two conciliation conferences under the auspices of the Labour Relations Commission on the 7th of September, 2000, and the 1st of March, 2001. As agreement was not possible at conciliation, the dispute was referred to the Labour Court on the 22nd of June, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 16th of January, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The practice of paying greater travel allowances and bus fares to craftworkers is discriminatory to the general operative grade. There is no justification for paying different rates to employees at the same location.
2. At other bases such as Clonskeagh and St. Brendan's general operatives and craftworkers receive the same travel allowances and bus fares.
3. When the claimants report to their engineering base at Cherry Orchard, they are paid 1.25 hours travel allowance, yet they only receive 1 hour travel allowance when they report to St. Mary's.
4. The claimants are seeking that payment should be made retrospective to the 16th of December, 1998, when their claim was first submitted.
BOARD'S ARGUMENTS:
4. 1. The claimants are in receipt of the correct travel time payment when they work out of St. Mary's Hospital, which falls into the radial band of 0 - 4 miles from the General Post Office, O'Connell Street.
2. General operatives and craftsmen have different travel time payments in many areas. The Unions who represent them negotiated different payments over the years. At other hospitals such as Cherry Orchard, St. Brigid's and St. Columcille's, general operatives receive greater payments than craftworkers at the same locations.
3. The travel time arrangements are long standing, custom and practice. If the rates paid to the general operatives in St. Mary's are aligned with those paid to craftworkers, it will have major repercussive effects.
4. In 1996 general operatives attached to engineering bases were subsumed into the general non-nursing grade and new entrants are now paid the travel allowance applicable to non-nursing staff. However, the claimants were "red-circled" and retained their travel time payments. The Union is now seeking to enhance this "red-circling" arrangement.
RECOMMENDATION:
It would appear that there is no consistency or basis to the method of payment at various locations. Different payment systems operate across the Service, due to ad hoc arrangements arrived at over a period of time. This has the potential to create on going problems, such as this one, in the system.
The Court recommends in the circumstances of this case, that these employees accept 1.25 hours travel and in return the Management offer of £1000 (€1269.74) be increased to £1500 (€1904.61). The 1.25 hours payment is to be backdated to December 1998.
Signed on behalf of the Labour Court
Finbarr Flood
11th February, 2002______________________
D.G./B.R.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.