FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EMPLOYERS AGENCY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Parallel Benchmarking.
BACKGROUND:
2. The dispute before the Court concerns the non-nursing grades in the Public Health Services who have an established 80% pay relationship with Health Service Craftworkers. The claim covers approximately 30,000 non-nursing and related grades employed in Dublin and throughout the country.
The issue concerns the full implementation of the Parallel Benchmarking report. An agreement was reached in November, 2000 between the Employers, Department of Finance and the Unions. As part of this process a major profiling exercise was carried out by an external consultant, (nominated by the Public Service Benchmarking Body), who received submissions from Unions and Employers. The Consultant's report was
published in March, 2002.
Subsequently negotiations on the Consultant's report took place between the Unions and Management but collapsed in relation to revised salary scales, increments and differentials between grades.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 5th of December, 2002 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th of February, 2003, the earliest date suitable to the parties.
RECOMMENDATION:
Comprehensive written and oral submissions were made by both parties. It is clear that a substantial amount of work has been undertaken in order to modernise the service and to address the aspirations of the employees in this sector.
This work presents the opportunity to improve the service in line with future requirements while recognising the valuable contribution made by this group of workers within the Health Service.
It is the view of the Court that an opportunity now exists to create a new working environment for all involved in this sector of the Health Service and that to disregard the progress already made by merely reverting to the 80% linkage agreement, would be premature, without a further attempt at reaching an agreement.
The Court therefore recommends that the parties enter into immediate, meaningful discussions, in order to endeavour to reach a comprehensive agreement for the future.
The Court further recommends that these discussions be completed by 25th June, 2003 at which time the parties should report back to the Court. The Court will then if requested to do so, issue a definitive recommendation on the issues in dispute.
Signed on behalf of the Labour Court
Finbarr Flood
8th May, 2003______________________
CMCM/BR/JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Carmel McManus, Court Secretary.