FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - IRISH DENTAL ASSOCIATION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Threat of withdrawl of payment of £750 under 1999 Agreement on Restructuring of Health Board Dental Service
BACKGROUND:
2. This case concerns a dispute between the Health Service Executive (HSE), Irish Municipal Public and Civil Trade Union (IMPACT) and the Irish Dental Association (IDA) in relation to the Unions' contention that Management are not abiding by a Collective Agreement concluded between the parties in 1999. The Unions' position is that a payment of £750 (€952.30) was to be made available on a regional per capita basis to facilitate the further training and development of dental professionals and is now being unilaterally withdrawn by the HSE. Management's position is that the payment did not form part of the Agreement and that in the current economic climate such funding is being curtailed to protect front-line services.
The dispute was referred to the Labour Court on 2nd April, 2009 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and the Unions agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on 3rd July, 2009.
UNIONS ARGUMENTS:
3 1 The payment that was to be made available formed part of the Agreement concluded between the parties in 1999 as part of the Restructuring of Health Board Dental Services.
2 The funding is protected on the basis that it forms part of a Collective Agreement concluded between the parties. It is unacceptable that Management unilaterally breach the terms of the Agreement by withdrawing the allocation of the funding.
MANAGEMENT'S ARGUMENTS:
4 1 The allocation of the funding for training and development of dental professionals did not form part of the Agreement that was concluded in 1999.
2 There is currently a limit to the amount of funding that can be made available for training and development. Each region within the HSE has different allocations and the Unions claim cannot be conceded on the basis of the cost implications.
RECOMMENDATION:
The matter before the Court under section 20 (1) of the Industrial Relations Act, 1969, referred by both Unions concerns a threat of withdrawal of the payment of £750 (€952) per annum, recognised as an individual (capitation) entitlement for dentists to cover continuing dental education agreed under the Restructuring of Health Board Dental Service Agreement, 1999.
The Unions held that this action was in breach of a collective agreement and will worsen the dentists’ conditions of employment.
The HSE stated that there was never an agreement to fund training on a per capita fund basis and that since 1999 the training funding allocated to different regions has varied from region to region and did not comply with the disputed per capita fund. It stated that while it is supportive of professional and personal development it is engaged in high level discussions with Health Sector staff unions in relation to cost containment measures required to address the challenging economic environment of 2009.
Having considered the oral and written submissions of both sides the Court cannot ascertain whether the IDA/IMPACT submission to the HSE to provide a training fund on a per capita basis (paying £750/€952 per dentist per annum) was ever accepted by the HSE. The documentation supplied to the Court fails to satisfactorily address this point. However, in any event, the Court is of the view that while a collective agreement was entered into and finalised in 1999 on a restructuring of the Health Board Dental Service, this did not bestow an individual term and condition of employment entitlement.
The Court is satisfied in the current economic climate that the budgetary allocation for training is an ongoing matter for management in consultation with the trade unions.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th July, 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.