FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CLONDALKIN DRUG TASK FORCE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Benchmarking pay increase.
BACKGROUND:
2. The case before the Court concerns the application of Benchmarking increases to employees of the Clondalkin Drugs Task Force.
The Union's claim is that increases under Benchmarking should apply in this case as the rates of pay are linked to Health Board pay rates where benchmarking increases have been paid.
The employers are unable to apply the increases on the basis of a lack of funding from the Department of Community, Rural and Gaeltacht Affairs through the National Drugs Strategy Team.
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 on the 21st December, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th April, 2005.
UNION'S ARGUMENTS:
3. 1. The increases due under Benchmarking should be applied. Rates of pay in the Drugs Task Force are linked with rates of pay in the Health Boards where the increases have been paid.
EMPLOYER'S ARGUMENTS:
4. 1. The employer is not in a position to negotiate on the increases due under Benchmarking due to a lack of funding. No extra funding will be provided and if increases are to be paid from existing funds, certain other important activities within the CDF would cease.
RECOMMENDATION:
The Court is fully satisfied that the claimants in this case are aligned for pay purposes with corresponding grades in the former ERHA. In these circumstances the Court can see no basis upon which that linkage can now be broken by not applying the benchmarking increases paid to HSE employees.
In these circumstances the Court recommends that the Union's claim be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
21st April, 2005______________________
AH/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.