FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NORTHERN AREA HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioners Recommendation IR10816/02/GF.
BACKGROUND:
2. The Union's claim is on behalf of two workers and is that they should be recognised by the job title of Houseparent and not Hostel Supervisor as they are currently graded. The two workers are assigned to St. Brendan's Hostel. They are employed by Tolco Limited which was set up in 1975 to manage hostels and workshops. In March, 2002, they became employees of the relevant Health Board in the Eastern Region. Shortly afterwards the two workers made their claim that their correct title was Houseparent and that all the benefits of the grade should apply. The Board has rejected the claim, stating that there are no records to indicate that they were ever employed as Houseparents.
The dispute was referred to a Rights Commissioner and his recommendation, issued on the 18th of June, 2003, is as follows:-
"I have considered the submissions very carefully and I must come to the conclusion that the absence of any records suggesting the claimants were described as anything other than as hostel supervisors is compelling. Therefore, I decide in favour of the N.A.H.B."
The Union appealed the recommendation to the Labour Court on the 25th of June, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st April, 2004, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The two workers have been unable to obtain conditions of their employment despite numerous attempts. Documentation they have obtained (details supplied to the Court) proves that their current title is Houseparent.
2. In September, 1997, an agreement 'red circled' their basic hourly rate of pay. This rate of pay was confirmed as that of the Houseparents.
BOARD'S ARGUMENTS:
4. 1. The grade of Houseparent does not exist within the Mental Health Services. In the Eastern Region, mental health hostels similar to St. Brendan's Hostels are staffed by Hostel Supervisors.
2. Following a meeting with management in 1991, a revised duty / pay arrangement was agreed in respect of the two workers. As a result, they are in receipt of a higher rate of pay than other Hostel Supervisors employed in the Eastern Region.
3. The claim, if conceded, could lead to serious knock on consequences for the Board.
DECISION:
The Court is satisfied that the claimants were referred to as Houseparents in correspondence. However, the Court is not satisfied that the claimants were ever paid the Houseparents rate of pay.
In the circumstances, the Court does not recommend concession of the Union's claim.
The Court, therefore, rejects the appeal and upholds the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
5th May, 2004______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.