FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EMPLOYERS (REPRESENTED BY HEALTH SERVICE EXECUTIVE) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Dispute concerning the terms and conditions of employment of the full-time Union Convenor in the Voluntary Hospitals.
BACKGROUND:
2. The dispute concerns a worker who currently holds the position of full-time Union Convenor for the Voluntary Hospitals in Dublin. The worker was nominated by the craft unions in February, 2001. Management agreed to support this proposal which provided for the following;
The post is of a trial nature for a period not exceeding one year, effective from 5th March, 2001.
The rate of pay to be determined plus travel time.
Appropriate office facilities to be provided.
Prior to the worker's appointment he was employed as an electrician in Beaumont Hospital where his average annual salary was substantially higher than the salary attached to the Convenor's post (Foreman rate, maximum of scale plus travel time). The Union is claiming compensation for loss of earnings and is also seeking the provision of facilities and equipment which has not been provided to date. A number of meetings were held at local level without success. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 25th January, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 20th April, 2005.
UNION'S ARGUMENTS:
3. 1. The claimant undertook the role of Convenor in good faith and in the belief that the commitments entered into by the HSE to provide him with the necessary facilities to function effectively would be honoured. It was always understood that in taking on this important role he would not suffer a loss of earnings. His loss of earnings from April, 2001 to date are €62,000.
2. The claimant has turned part of his home into an office and has purchased his own PC. He provides his own mobile phone for the use of both craft workers and management alike and is at their disposal at all times. He has continued to provide this service on the understanding that his loss of earnings, the establishment of a proper pay structure and the provision of appropriate facilities will be resolved.
3. The worker has been treated in an unfair manner. The Union is seeking that a pay structure be put in place that reflects the average earnings of the electricians in Beaumont Hospital in order to ensure that the claimant is not at a disadvantage while providing his services as Convenor. The claimant should also be awarded loss of earnings in the amount of €62,000. He should be paid a lump sum of €4,000 per annum to compensate him for the use of a car, mobile phone, P.C. and other facilities provided by him to carry out his duties as Convenor in an effective and efficient manner.
EMPLOYERS' ARGUMENTS:
4. 1. In addition to this position, the craft group of unions are represented by a Convenor in the former Eastern Regional Health Authority. In this regard the Employers requested in 2002 that a review of these positions be carried out. However, an examination of the ERHA position only was finalised, as the craft unions insisted on two separate examinations. The agreement stated that it "may be extended to examine the Convenor position in the Voluntary Hospitals", but this did not occur.
2. On the basis of the information provided by the Craft Group of Unions, the rate of pay for the post of Convenor was the maximum of the foreman rate, plus travelling time (1 hour per day) which is what was applied to the claimant. In addition he received the tool allowance awarded to craft workers under Parallel Benchmarking.
3. In implementing the review of the Convenor in the former ERHA area it has been agreed to apply the maximum of the foreman rate. The Employers are satisfied that they have honoured the terms agreed for the post and cannot be held accountable for any loss which the claimant has identified and that he willingly took up the post with the full knowledge of the agreed salary.
RECOMMENDATION:
The Union submitted a claim on behalf of the full time Union Convenor for the Voluntary Hospitals. The claim relates to the application of average pay, compensation for ongoing loss of earnings, provision of appropriate office facilities and compensation for used of his car, mobile phone etc.
In its presentation to the Court, HSE referred to the need for a review of the convenor position in the Voluntary Hospitals.
Having considered the submissions of both sides, the Court is of the view that a review of the convenor position in the Voluntary Hospitals should take place. This review should consider all aspects of the position, including the claim for out of pocket expenses. The Court recommends that the review should be completed by no later than the end of August 2005.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th April, 2005______________________
TO'D/JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.