FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE CORK - AND - IRISH DENTAL ASSOCIATION (IDA) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. 1. Revision of Contract Employment, 2. Selection and Recruitment of Part-Time Clinical Tutors 3 and Cost savings / Work Practice Change
BACKGROUND:
2. The case concerns up to 26 part-time Clinical Teachers (Tutors) or, as formerly known, Visiting Dental Surgeons, that are employed on a sessional basis to teach students at the Dental School and Hospital of University College Cork (DSH). The staff concerned are employed on contracts negotiated by the IDA and DSH, however, the University approached the Irish Dental Association (IDA) last year after their funding allocation was reduced with a view to altering the Clinical Teachers' working conditions in order to make necessary savings. In the view of IDA the proposals put forward were disproportionate vis-a-vis what other University staff were asked to sacrifice.
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 11th June, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th June, 2009.
ASSOCIATION'S ARGUMENTS:
3. 1. The breaking point for IDA came when the University proposed to reduce by 23% the number of sessions below the number delivered in the 2007/2008 academic year. It must be noted that for some of the Tutors this is their sole source of income.
2. Cost saving proposals as outline by DSH is unnecessary as the IDA have identified a number of methods for raising funds one of which is to expand the number of overseas students as they would be required to pay the full commercial fee rate.
3. The IDA is willing to accept the bone fides of the University's offer of confirmation of the IDA's views regarding the recruitment practices.
MANAGEMENT'S ARGUMENTS:
4. 1. The DSH is in debt and is being cross-subsidised and against this backdrop there is no other option available but to reduce the number of sessions by 830 below the 2007/2008 level. The subsequent loss of earnings for Tutors can be addressed through negotiation and agreement.
2. The cost savings proposals are not in breach of work contracts as there is clearly a clause which entitles the University to vary the terms of the contracts to suit Management's changing requirements.
3. The University is prepared to put in writing that they concur with the IDA's requirements regarding recruitment practices.
RECOMMENDATION:
The matters in dispute before the Court concern approximately 26 part-time Dental Surgeon (Clinical Teacher), employees of Cork University Dental School and Hospital, and concern (a) revision of the contract of employment; (b) management proposals on cost savings and (c) recruitment practices.
Having considered the oral and written submissions of the parties, the Court makes the following Recommendation:
a) Revision of the contract of employment and (b) management proposals on cost savings
The Court notes that following implementation of the Hughes Report for Dental Surgeons in the Dublin Dental School and Hospital similar conditions of employment applied to Dental Surgeons in the Cork University Dental School and Hospital which conditions include Management’s right to vary the number of sessions from term to term or from year to year depending on the requirements of the School and Hospital and individual commitments.
Furthermore, the Court has examined the contracts of employment for the part-time Dental Surgeons in Cork University and is of the view that Management have the right to rely on the 2002 contract of employment to vary and/or extend the number of sessions from time to time.
Accordingly, the Court recommends that the parties should meet to discuss implementation of Management’s proposal to vary the working sessions in its attempt to secure the necessary cost savings. These discussions should commence with immediate effect and should be completed by no later than 31st July 2009.
(c)Recruitment practices
Management stated to the Court that it has no dispute with the Association’s requirements concerning the selection and recruitment of part-time Clinical Teachers and indicated its willingness to confirm its position in writing to the Association. The Court recommends that this formal confirmation should be issued as soon as possible.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd July, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.