FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH EASTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. 1. Switch Board Allowance.
BACKGROUND:
2. Cavan General Hospital employes a number of individuals at the Portering Grade. As part of their duties they undertake telephonist/receptionist duties.
The dispute before the Court concerns a claim by the Union on behalf of its members for the payment of an allowance in recognition for undertaking the telephonist/receptionist duties.
The dispute could not be resolved at local level and 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 in accordance with Section
26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th October, 2004.
UNION'S ARGUMENTS:
3. 1. Over the past decade the post of telephonist/receptionist has been regraded to that of Clerical Officer and/or remunerated at that grade.
2. The porter grade employees undertake the telephonist/ receptionist duties for approximately 12-14 hours in each 24 hour period and assume the same levels of responsibility.
3. Precedent has been established where portering grade staff undertaking telephonist/receptionist duties in other health service locations are in receipt of an allowance in recognition of these duties.
BOARD'S ARGUMENTS:
4. 1.The current duties of attendants/porters were agreed in 2000, after the Union lodged a claim in respect of rosters and night duty.
2. A sum of £1,000 (€1269.74) was paid following that agreement and a further £500 (€634.87) was paid when agreement was reached on rosters.
3.The Board contend that the Union referral of this matter to the Labour Court is reneging on the previously negotiated settlement.
RECOMMENDATION:
Having examined the oral and written submissions of the parties, the Court does not find that grounds have been established for concession of the Union's claim and recommends accordingly.
Signed on behalf of the Labour Court
Raymond McGee
26th November, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.