FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROYAL COLLEGE OF SURGEONS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Pay award.
BACKGROUND:
2. The Royal College of Surgeons (RCSI) is a registered charity, it operates on a "not for profit" basis and as such is not part of the public sector. It employs 26 Medical Laboratory Scientists who are represented by the MLSA and 15 Medical Laboratory Technicians who are represented by the Health Professionals' Branch of SIPTU.
The case before the Court arises out of a refusal by the RCSI to apply the appropriate interim percentage adjustment to Technician grades employed by the RCSI in line with that applied to Technician grades in Trinity College and in the University sector generally consequent on the increases awarded to Medlab Scientists in their Expert Group Report.
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 8th November, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th January, 2006.
UNION'S ARGUMENTS:
3. 1.It is custom and practice to pay National Pay Agreements.
2. The Union side have cooperated with any work practice changes sought.
3. A letter dated in 1981 from the Union to the College makes reference to "...the accepted National Relativity with the MLTA will be maintained."
COMPANY'S ARGUMENTS:
4. 1. The College has offered to apply the terms of the HSEA expert review.
2. The College applies standalone rates of pay for Medical Laboratory grades employed in the College.
3. The appropriate comparator for the purposes of the Union's claim is the MLSA grades in the College. There is a historical and recognised pay relationship between the grades represented by SIPTU and those represented by the MLSA.
RECOMMENDATION:
The Court is satisfied that the agreement concluded in 1981, between the Union on behalf of the grade associated with this claim and the College, provided for the maintenance of a national pay relativity with the University Sector. There is no evidence of this agreement having altered by agreement or custom and practice in the interim.
Accordingly, the Court considers that the Union's claim is well founded and it recommends that it be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
13th February, 2006______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.