FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICES EXECUTIVE WEST - AND - 10 WORKSHOP MANAGERS (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Claim for Regrading.
BACKGROUND:
2. The claim before the Court today relates to a claim from the Union on behalf of 10 Training Centre Managers employed by the Health Service Executive West for re-grading.
In early 2002 the Union, on behalf of Training Centre Managers and Instructors, served a claim on the then Western Health Board (WHB) relating to pay and conditions. Subsequently it was decided to process the claim on behalf of the Instructors first and on finalisation process a claim on behalf of the Training Centre Managers.
Following agreement between the Instructors and the WHB two sub-groups were set up to look at the different aspects of the work of Training Centre Managers and make recommendations.
Management's position was that having agreed job descriptions and accreditation issues Centre Managers were free to pursue the normal channels in seeking job evaluation. This position was re-iterated in June 2003 and June 2004.
The Union confirmed in January 2004 that it was prepared to accept the job evaluation route. Soon after submitting Job Evaluation forms the National Job Evaluation scheme was suspended pending development of a new scheme.
In May 2009 Circular 015/2009 issued which states that "no requests to upgrade or evaluate posts..... until the end of 2010 at the earliest."
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 10th June 2009, in accordance with section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st July 2009.
UNION'S ARGUMENTS:
3. 1. The Union contends that the WHB and it's successor the HSE West have treated Training Centre Managers in a disgraceful manner over the past eight years.
2. The Union maintains that Training Centre Managers through their work provide an invaluable service to the most vulnerable in the communities of Galway, Mayo and Roscommon.
3. The Union stated that Training Centre Managers have over the past decade taken on additional responsibilities, duties and workloads and that this warrants the regrading of these Managers.
MANAGEMENT'S ARGUMENTS:
4. 1. The delay in staff agreeing to proceed with the route of job evaluation meant that they firstly got delayed when the whole job evaluation scheme was up for discussion and agreement with the Union following the establishment of the HSE.
2. The delay in deciding if the Training Centre Managers were covered by the new job evaluation scheme meant that they got caught up in the moratorium on recruitment and promotions in the public service and the restriction on the use of outside consultants.
3. Management's position is that having agreed job descriptions staff were and are free to avail of normal processes to have their posts evaluated, however, this process cannot now proceed until 2010 at the earliest as per Circular 015/2009.
RECOMMENDATION:
It is clear to the Court that the Union's claim for an evaluation of the posts in issue has been outstanding for a considerable time. It is also clear that the justification for the Union's claim is freely acknowledged by the local HSE management.
In the particular and exceptional circumstances of this case the Court recommends that the parties agree on the appointment of an external consultant to conduct an evaluation of the posts. In this evaluation the job descriptions and other material already agreed should be utilised. This process should commence as soon as possible.
The Court further recommends that the outcome of the evaluation be implemented from a date to be agreed between the parties.
Signed on behalf of the Labour Court
Kevin Duffy
7th August, 2009______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.