FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MID WESTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Application of incremental credit
BACKGROUND:
2. The Unions submitted a claim on behalf of Acting Community Welfare Officers (A.C.W.O's), Community Welfare Officers (C.W.O's) and Superintendent Community Welfare Officers (S.C.W.O's) employed by the Mid Western Health Board. The Union is seeking the application of full incremental credit for all (14) C.W.O's and S.C.W.O's for the periods each officer was appointed on an acting up basis in the relevant grade.
Management rejected the Union's claim.
As there was no agreement between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 11th December, 2002, but agreement was not reached. The dispute was referred to the Labour Court on the 6th January, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 28th May, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS :
3. 1. Other Health Boards have addressed this issue in line with the principle of equity and equality on an individual and small group basis.
2. It is regrettable that management has set its face against the resolution of this claim in a manner consistent with the principles as set out above.
3. The Court is asked to recommend that the staff involved in this claim be treated no less favourably than their colleagues in the Mid-Western Health Board or in other Health Boards generally.
MANAGEMENT'S ARGUMENTS:
4. 1. This is a re-opening of a matter that was finalised in August, 2001. It is a cost increasing claim and would have far reaching consequences within the Health Services if conceded.
2. The regularisation of twelve long term temporary posts was part of the Board's overall concession on this claim and was an enhancement on the agreements reached in other Health Boards.
3. The Board has treated all persons who have been acting S.C.W.O's in accordance with national guidelines.
4. Concession of the claim would have far reaching consequences within the Board and the wider Health Services.
RECOMMENDATION:
The Court is satisfied that the failure of the Board to pay the same increments to their employees, who were in acting up posts( C.W.O & S.C.W.O) as were paid to the C.W.O's who were directly employed or were established in the posts, meant that they were contributing to an inequitable reward system. This created an unacceptable situation for those in acting up posts.The Board moved to address this anomaly in 2001 by changing the status of the group in dispute from "Acting" to "Temporary". This had the affect of dealing with the issue from 2001 into the future but did not deal with the question of retrospection.
The Court is also satisfied there was sufficient latitude in the Department of Health Circulars of 1992 and 1995 to allow the Board to address fully the anomalies which had arisen as a result of their failure to pay increments to those in acting up positions.
The Court, therefore, recommends that the Board apply the C.W.O and S.C.W.O increments (as appropriate) from the date the identified post holders took up their "Acting posts".
Signed on behalf of the Labour Court
Caroline Jenkinson
18th June, 2003______________________
BG/LWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.