FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Annual leave & hours of work.
BACKGROUND:
2. This case concerns a dispute between the Health Service Executive (HSE) West in relation to certain terms and conditions of employment for Medical Laboratory Aides employed by Sligo General Hospital. The staff in question were originally employed on a Clerical Officer salary, working 35 hours per week, on a seven point payscale and were in receipt of 27 days annual leave per annum.
They were also in receipt of sick pay entitlements in line with the public service (6 months full pay, 6 months half pay). The Parallel Benchmarking process placed the workers on "Band 2" which resulted in significant pay increases. It did, however, reduce the annual leave entitlements, the sick pay entitlements and the hours of work were to be increased from 35 to 39 hours per week.
The Union's position is that the previous conditions should be retained on the basis that they formed part of the workers' contracts of employment.
The HSEA's position is that the rates of pay were increased significantly and the staff should accept the totality of the Parallel Benchmarking Agreements.
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 22nd August, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th October, 2007.
UNION'S ARGUMENTS:
3. 1. The Parallel Benchmarking exercise clearly identified that the Medical Laboratory Aides were not in receipt of the correct pay rates and awarded significant increases. As well as significant increases in pay, they should retain their other conditions in line with their contracts of employment.
HSE'S ARGUMENTS:
4. 1. The wage increases awarded by the Parallel Benchmarking process in the re-banding of grades were significant. The staff in question should accept all the changes in line with the re-banding. The Union cannot cherry pick the wage increases and expect to remain on the higher annual leave entitlements, sick pay and the reduced working week.
2. If agreement cannot be reached on the issue, the HSE will continue to employ the Medical Laboratory Aides on the basis of their current contract of employment which is in line with the Clerical Officer's terms and conditions.
RECOMMENDATION:
The Parallel Benchmarking exercise in 2005/2006 placed Medical Laboratory Aides on a new pay structure at Band 2. Medical Laboratory Aides employed at Sligo General Hospital were paid at Clerical Officer scale level and the new Band 2 pay scale paid a substantially higher level of pay. Following the Parallel Benchmarking exercise, the Union sought the higher pay scale with the retention of the conditions applicable to Clerical Officer level - shorter working hours, longer annual leave entitlements and different sick pay and pension entitlements.
Having has considered the oral and written submissions of the parties the Court is of the view that those Medical Laboratory Aides employed at Sligo General Hospital who wish to move to the Band 2 pay scale, with the appropriate retrospection paid back to June 2005, must work the hours commensurate with the new grade and recommends accordingly.
Furthermore, the Court recommends that the parties should enter into discussions at local level on :
-Assimilation of the claimants concerned onto the new scale,
-Rostering of hours of work.
In relation to the remaining terms and conditions attaching to the Band 2 salary scale for the Medical Laboratory Aides, HSE West indicated to the Court that it was willing to enter into discussions on these issues, consequently the Court recommends that these should form part of the above discussions.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd October, 2007______________________
AH.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.