FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY COUNTY ASSOCIATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Parity with Health Board Instructors.
BACKGROUND:
2. The Association was established in 1962. It provides services for approximately four hundred and twenty mentally handicapped children and adults. It currently employs over four hundred full-time and part-time staff. It is a voluntary organisation but receives funding from the Western Health Board.
In November, 2000, the Western Health Board as part of an overall review of working conditions agreed revised rates of pay for its Instructors.
The Union's claim is on behalf of Instructors employed by the Association for pay parity with the Instructors employed by the Western Health Board.
The dispute could not be resolved at local level and was the subject of a conciliation
conference under the auspices of the Labour Relation's Commission. As agreement was
not reached the dispute was referred to the Labour Court with Section 26 (1) of the
Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th of
August 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The qualifications, duties and responsibilities of the Instructors employed by the Association and the Instructors employed by the Western Health Board are similar.
2. The training carried out at the Association training centre and the Western Health Board training centres has complied with the same guidelines and criteria issued by the National Rehabilitation Board in order to qualify for E.U. funding.
3. The current situation is unsatisfactory. The Instructors concerned should receive pay parity with the Instructors in the Health Board.
ASSOCIATION'S ARGUMENTS:
4. 1. The rates of pay agreed by the Western Health Board for its Instructors was outside any national arrangement.
2. The Association applies the Department of Health and Children approved consolidated salary scales to all staff once funding is sanctioned by the appropriate funding body which is the Western Health Board.
3. The claim is cost increasing and is therefore outside the terms of the Programme for Prosperity and Fairness.
RECOMMENDATION:
Having considered the oral and written submissions of the parties the Court recommends that the claim for pay parity with Western Health Board Instructors should be set aside pending the outcome of the parallel benchmarking discussions on the pay arrangements to apply to instructors grades in the intellectual disability sector which is currently the subject of discussion between the HSEA, the Department of Health and Children and the Unions. The Court was informed by the employer side that this process should be completed in approximately three months.
If the need arises, on completion of this process the Union has the right to refer this claim back to the Court.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th SEPTEMBER, 2003______________________
GB/BBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.