FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Regularisation of long term acting Community Welfare Officers.
BACKGROUND:
2. The Community Welfare Service provides a diverse range of services throughout the Limerick, Clare and North Tipperary area.The developments within the service in recent years have necessitated an increase in locum temporary requirements.
The dispute before the Court relates to the Union claim that Temporary Community Welfare Officer (CWO) posts within the former Mid West Health Board area who have been acting in a long-term capacity for more that 4 years should be regularised according to an agreed mechanism which would then be applied to all other Temporary Community Welfare Officers at the point in time where the employee accrues sufficient service.
The Union are seeking the regularisation of 16 long-term locum CWO's each of who have more than 3 years service.
Following a review the HSE indicated that 6 long-term locum posts could be regularised. Management is not in a position to regularise all post as this would result in an increase in staff number. The pending transfer to the Department of Social & Family Affairs confers an obligation on the HSE to remain within the approved staffing levels for the service.
The Community Welfare Service was examined by the Brennan Report (January 2003) which investigated areas assigned to the Health Service which could be described as "non-core activities". The Report recommended that some of these services be assigned to other Departments. In March 2006 the Union were informed by the Secretary General of the Department of Health and Children that a decision had been taken to transfer "income support and maintenance schemes, together with associated resources" to the Department of Social and Family Affairs. This decision meant that staff working within the Community Welfare Service would transfer from the employment of the HSE to the Department of Social and Family Affairs. This transfer process has now commenced based on the existing approved levels within the Community Welfare Service.
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 in accordance with Section 26(1) of the Industrial Relations Act. 1990. A Labour Court hearing took place on the 13th December, 2007.
UNION'S ARGUMENTS:
3. 1.The Union contends that there is agreement between both parties that the long-term acting arrangements for this group of staff must be addressed. The HSE, following conciliation, has offered to regularise 8 posts. The Union rejected that proposal but believes that if the number of posts offered be increased a settlement can be found.
2. The Union maintains that temporary CWO's have been used for many years to ensure that the public is provided with an adequate level of service regardless of the notional employment ceilings in place.
3. The Union maintains that this claim is cost-neutral as temporary CWO's are paid on the same salary scale as permanent staff as evidenced by the fact that they receive an allowance equivalent to the difference between their clerical/admin salary and the relevant incremental point on the CWO scale appropriate to their length of service in the grade.
MANAGEMENT'S ARGUMENTS:
4. 1.The HSE West has put forward a number of proposals to the Union in respect of this claim. All attempts to resolve this matter have been resisted by the Union.
2.The HSE West must be cognisant of the arrangements in train for the transfer of the Community Welfare Service to the Department of Social & Family Affairs at the current staffing levels.
3. To concede this claim would result in increased costs and Wholetime Temporary Employments(WTE) within the Community Welfare Services.
RECOMMENDATION:
The matter before the Court concerns the Union’s claim on behalf of 16 Community Welfare Officers for the regularisation of their posts, within the HSE West Limerick, Clare & North Tipperary Area’s. The Union are of the view that these posts are acting posts whereas the HSE refer to them as temporary locum assignments. Some of the claimants have been in these temporary posts since 2001 and seek to have their status regularised.
The Community Welfare Service is due to be transferred to the Department of Social And Family Affairs in 2008 and the Union is anxious to ensure that the positions are regularised before then.
Management stated it was not in a position to regularise all posts as this would result in an increase in staff numbers. However, the result of a review carried out indicates that of the current vacancies there are 6 WTE’s, which may be filled through a regularisation process. It stated that the pending transfer to the Department confers an obligation on it to remain within the approved staffing levels for the service.
At conciliation HSE West stated that it was agreeable to proceed to fill 6 posts on a permanent basis through a confined competition, the specific criteria to be agreed with the Union. Any further vacancies that may arise within the next 1 – 2 year period would also be filled from a panel created from this confined competition.
Under the auspices of the Labour Relations Commission a proposal was put forward at conciliation to address the claim. It provided:
(i) The HSE West to agree to regularise eight posts for those Long Term Community Welfare Officers on temporary assignment with more than three years continuous service.
(ii) The five Pre 2002 to be designated. These five designated as Community Welfare Officers will not be designated to a specific location/position.
(iii) The remainder (3) of the posts to be filled by confined competition, criteria to be agreed by both parties. The panel to exist for 2 years.
This proposal was rejected by the Union.
Having considered the positions of both sides the Court recommends that the proposal put forward at conciliation should be amended to provided for the regularisation of ten posts, five as per (ii) above and five to be filled by the confined competition. Furthermore, the Court recommends that the panel should continue in existence for the requisite two years in total regardless of the transfer to the Department.
The Court is of the view that the status of posts should not be held in abeyance for long periods of time, consequently, the Court recommends that a mechanism for regularising posts should be established to ensure transparency for the future.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th January, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.