FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WESTERN AREA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION``` DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Annual leave entitlements.
BACKGROUND:
2. The dispute concerns a claim for increases in the annual leave entitlements of various groups of allied health professionals and catering officers employed by the HSE-Mid West Region. The claims were lodged as far back as 2001 with the former Mid Western Health Board. A National Forum has been established to explore and standardise terms and conditions applying across the country. The Joint Forum has not yet reported, but will be examining terms and conditions for new employees only.
The Union is seeking the following improvements
- Catering Officers - seeking alignment with clerical/administrative annual leave entitlements
- Dieticians, physiotherapists, occupational therapists, speech and language therapists, orthoptist, - elimination of leave anomalies when compared to other health regions.
- ECG Cardiac Technicians - Improvements
- Dental Hygienists - seeking 27 days
- Basic Grade Technicians (Regional Hospital) - improvements.
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, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th June, 2007.
UNION'S ARGUMENTS:
3.1 There is no standard agreed annual leave allowance for most grades in the former Health Board Areas. All these annual leave claims relate to the Mid Western Health Board and the Union claims that despite management having the authority to deal with issues in relation to annual leave entitlement they refused to address any of these claims. This is despite the fact that unusual anomalies and inconsistencies existed and were brought to management's attention at an early stage.
2. Management did indicate that there are some anomalies and sought to have these addressed through the Working Group. The Working Group will only be dealing with terms and conditions for new entrants.
3. These claims predate the abolition of the Health Boards and would have needed to be resolved regardless of whether the health service was restructured or not.
4. The Union claims that since 2001 they have made every effort to resolve this dispute through local discussions and within the Labour Relations Commission process through the offices of the Conciliation Officer. The Union also claims that it still remains willing to discuss with the HSE a way of standardising annual leave entitlements for the claimant staff groups with a view to reaching an agreement acceptable to both parties.
MANAGEMENT'S ARGUMENTS:
4.1 Management have engaged with the Union in respect of these claims. Through IMPACT's claim for increased annual leave in respect of the various grades included in this referral has changed over the years, management's position has remained consistent throughout.
2. Management's position is that the matter of standardising annual leave for staff within the Health Services would be most appropriately dealt with in a National Forum.
3. Any increase in annual leave entitlement constitutes a cost of increasing claim which was precluded under the National Agreement since PPF.
4. The Expert Group Reports in respect of Allied Health Professional Grades and Catering Officers did not recommend annual leave entitlements. It should be noted that the annual leave entitlements for some grades within the Health Serviced e.g. Medical, Nursing, Non Nursing, Craftsmen and Home Helps and the Allied Health Professional Grade of Audiologist have been agreed and established nationally.
5. The authority to allocate annual leave entitlements in the former Health Board structures lay with the CEO of each individual Board. As a result there is a variance of annual leave entitlements across the HSE.
6. The Standardisation Committee set up on a National Basis has not yet issued its recommendation but has issued proposals for consideration.
RECOMMENDATION:
The Court recommends that following the finalisation of the deliberations of the Standardisation Committee the parties should establish a National process of negotiation on the Union's claims. This process should be completed within a period of not more than three months.
If final agreement is not reached at that time the matter may be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
9th_July, 2007______________________
JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.