FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JOHN'S HOSPITAL LIMERICK - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Increase in annual leave and shorter working week.
BACKGROUND:
2. St John's Hospital is a voluntary acute hospital with 103 patient beds in Limerick City. This claim, on behalf of two Catering Officers, is for parity with the annual leave and contracted hours of clerical and administrative staff. Although the Catering Officer grades are analogous with clerical and administrative grades in terms of salary, clerical and administrative staff have more annual leave and a shorter working week. Both sides in this dispute disagree as to whether or not this claim is cost neutral. The Employer has offered an increase in annual leave for the catering Officers but this was not acceptable to the Union in the absence of a reduction of the working week.
- This 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 3rd December 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th February 2008, the earliest date suitable to the parties.
3. 1. The Catering Officer grades are analogous with clerical and administrative grades in terms of salary.
2. Many other voluntary hospitals offer Catering Officers more annual leave and a shorter working week than St John's.
3.This claim is cost neutral.
4.The performance of the Catering Department has been exemplary.
EMPLOYER'S ARGUMENTS:
4. 1. There is no basis for the Union's claim for parity with the annual leave and contracted hours of clerical and administrative staff as the grades have different functions, different qualification criteria and are not inter transferable.
2. The cost of reducing the working week for the two Catering Officers could be as much as €23,300 per annum. This is clearly not cost neutral and constitutes a cost increasing claim which is specifically precluded under Towards 2016.
3.In an attempt to resolve this dispute, however, the Employer is agreeable to increase the annual leave entitlements of the Catering Officer Grade I from 26 to 28 days per annum, and the Catering Officer Grade II from 25 to 26 days per annum.
RECOMMENDATION:
On the information available to it the Court is satisfied that the Union’s claim for parity of annual leave and working hours between catering grades and clerical grades is not sustainable. In so far as the claim is based on comparison with other voluntary hospitals, it is equally clear that there is no uniformity of leave and working hours within this sector.
Overall the working hours and annual leave entitlements of the Claimants are not out of line with that of similar grades in comparable employments. In these circumstances the Court does not recommend a reduction in working time. The Court recommends that the employer’s offer on annual leave be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
6th March, 2008.______________________
JMcC.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.