FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH WEST AREA HEALTH BOARD - AND - IRISH DENTAL ASSOCIATION (IDA) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Rate of pay.
BACKGROUND:
2. The Association has submitted a claim on behalf of four Orthodontists. The claim is for the implementation of a formal pay agreement which it had with the then Eastern Health Board regarding the remuneration to be paid to the claimants pending the creation of a new post of "Specialist in Orthodontics." The agreement, concluded during 1998, provided for a basic salary, based on a three point scale, plus an additional allowance of £18, 200.
The Association states that the agreement was honoured by management for six months at which time the National Wage Agreement increase of 1.5% fell due. It claims that the Board "froze" the salaries of the claimants and no increases under the various national pay agreements have been paid to these employees. Their substantive grade is Senior Dental Surgeon.
Management argues that the personal pay rates in relation to the claimants (rate for the job) were agreed, with effect from the 8th of December, 1998, and accordingly national increases are not applicable.
As no agreement was possible between the parties, the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 1st of May, 2001, but no agreement was reached. The dispute was referred to the Labour Court on the 29th of November, 2001, under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 14th of February, 2002.
ASSOCIATION'S ARGUMENTS:
3. 1. The claimants have received no pay increases under the various national agreements; have received no incremental increases and no increases paid on their substantive grade of Senior
Dental Surgeon.
2. The Association is seeking that all increases due to the substantive grade must be awarded and national pay agreements must be applied to the allowance for specialist services.
3. If correctly implemented, the three point scale agreed in 1998, would now range from IR£74, 287 at the top point of the scale to IR£68, 687.
4. These members are permanent employees of the public service and are entitled to all benefits of public service salary increases within their substantive grade.
MANAGEMENT'S ARGUMENTS:
4. 1. The matter in dispute involves an attempt by the Irish Dental Association to reinterpret an interim agreement in respect of a salary scale for Dental Surgeons with an M. Orth. Qualification agreed between the IDA and the former Eastern Health Board in 1998.
2. Management wrote to the IDA in December, 2000, indicating that it was prepared to apply the relevant cost of living increases to the employees concerned, applicable from the date of the 1998 agreement on confirmation of acceptance of the offer.
3. It is management's position that the interim agreement concluded in 1998 clearly set out its position and it is neither satisfactory nor appropriate for the IDA to try and renegotiate the agreement at this stage.
RECOMMENDATION:
The increases sought by the Association are those which applied generally to comparable grades throughout the health service. The Court can see no justifiable reason as to why they should not apply to the claimants.
Accordingly, the Court recommends that the Association's claim be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
26th February, 2002______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.