FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSEA - 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 Grier Worker Member: Mr. Somers |
1. Hearings Arising From LCR 17489.
BACKGROUND:
2. Labour Court Recommendation Number LCR 17489 recommended “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”.
RECOMMENDATION:
Following these hearings and after consideration of the written and oral submissions made by the parties the Court makes the following recommendations
Pay:
All staff covered by the parallel benchmarking agreement to be awarded an increase of €3656 per annum, the payment to be phased as follows:
Phase 1: 25% from 1/12/2001*
Phase 2: 50% from 1/1 2004 (pending verification under Sustaining Progress)
Phase 3: 25% from 1/6/2005 (pending verification under Sustaining Progress)
On the basis that this agreement is ratified at an early stage it is recommended that each member of staff be paid €2000 (or pro rata thereof) in December 2003.This payment is in the context of the 25% the increase due from 1/12/01, and all necessary adjustments will be carried out in the future.
As and from 1/6/2005 a new national four band pay/grading structure will be applied.
The assimilation arrangements in relation to the above will be as outlined during the course of deliberations with the Court.
Where the above increases are applied to a grade which results in a rate greater than the maximum of the appropriate band, staff will retain their rate on a person to holder basis.
Differentials:
Where staff hold an 8% differential this will be subsumed into the revised scale at 1/6/2005. Where staff hold a differential over and above this they will retain it on a person to holder basis. All new entrants to a grade will be paid in accordance with appropriate scale for the band in which the grade is ranked after 1/6/2005.
Modernisation / Change:
The modernisation / change required in order for staff to achieve the payments under phases 2&3 above is attached. (appendix 1)
It is understood that the above both supplements and complements the Action Plan as agreed by the PVG at national level for all other grades in the Health Services and will be verified in the same manner.
Allowances:
It is recommended that a joint committee representing both employers and unions be established in order to carry out an audit on allowances which exist and report back within twelve months.
Retirements:
Staff who retire in the period between the signing of the agreement and June 2005 will benefit from the new pay band structures. Assimilation details to be agreed between the parties in June 2005.
Training & Development
A discreet training fund of €60m over 5 years will be established. This fund will be a set amount (not indexed linked) and will cover the years 2004 – 2008.
Thereafter a fund of €12m (indexed linked) will be provided on an annual basis.
An independent review of the operation of the T&D initiative will be undertaken after three years.
Outstanding Labour Court Recommendations
The following Labour Court Recommendations are resolved as a consequence of this agreement on the basis that the planned new banding structure takes account of the nature and location of the jobs listed below:
• LCR 16616 Porters Homeless Services
• LCR 16786 Location Allowance
• LCR 16860 8% Differential Ward Attendants
• LCR 16948 Cheshire Homes
• LCR 17327 Central Remedial Clinic
Career / Promotional Structure
It is recommended that the matter of career structures be examined in the overall context of Training & Development by way of a joint working committee with an independent chair and that a report with recommendations be completed within twelve months.
Stable Industrial Relations:
In line with “Sustaining Progress” section 19.6, no cost increasing claims will be made or processed by the trade unions or employees during the currency of this agreement and precludes strikes or other forms of industrial action by trade unions employees or employer in respect of any matters covered by this agreement.
Future Analogues
The attached memorandum is agreed by both parties. (appendix 2)
Payment of the Analogue adjustment to catering/portering/household services supervisors and related grades:
There is no evidence that management indicated its intention to withhold the full payment of the Parallel Benchmarking exercise to this group. While acknowledging management's aspirations to regularise what it perceives to be an anomaly, the Court does not support management's position on this issue at this stage.
The Court recommends that this issue be addressed in future negotiations.
Pensionability of Overtime:
The Court recommends that the parties enter into meaningful discussions on this claim, to try to reach an agreement that would take into account the concerns of both sides.
Signed on behalf of the Labour Court
Finbarr Flood
17th October, 2003______________________
TOD/BRChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.