FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE (DUBLIN MID-LEINSTER) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Cover for absences of Senior Dental Nurses.
BACKGROUND:
2. In May 2003 agreement was reached on the introduction of a new grade of dental nurse in the Health Board Dental Service at national level. The implementation of the agreement failed due to lack of agreement on the arrangements for cover of senior dental nurses. In June 2008 the offer of implementation was agreed in the main, except for the issue of cover for senior dental nurses.
The Union contends that the basic grade of Dental Nurse should receive an appropriate allowance for covering any absence of a Senior Dental Nurse and are willing to negotiate on what this allowance should be.
It is Management's position that clinical chairside cover is an integral part of all dental nurses' duties and that short term replacement of this core function should not attract any additional consideration in terms of remuneration. In periods of long absence of over a month or more the appropriate acting allowance will apply.
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 27th March, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th May 2009.
UNION'S ARGUMENTS:
3. 1.The Union maintains that the payment of additional remuneration for performing the duties of a higher grade is a norm across all sectors of employment.
2. The norm is underpinned where additional responsibilities are attaching to the duties of the higher grade and eligibility criteria, such as qualifications, determine whether a candidate can compete for a higher post or not.
3.The Union contends that where a basic grade Dental Nurse is required to cover an absence of a Senior Dental Nurse, such cover should encompass a liability for all of the duties and responsibilities attaching to the post. The remuneration for such cover should be on the basis of an agreed annual allowance, which can then be divided to strike a daily, weekly rate and so on.
COMPANY'S ARGUMENTS:
4. 1.It is Management's position that the replacement of dental nurses in surgeries is an integral part of normal duties of both grades and as such does not merit additional remuneration.
2.Management contends that it is common practice in all levels of the service that where a staff member is away from duties for a short period of time, their work is not undertaken by another member of staff in the intervening period. In the provision of dental services, clinical assistance is the one area which requires replacement to ensure continuity of service to patients.
3.Management maintains that where a protracted period of absence is envisaged (e.g. maternity leave, long term sick leave), alternative arrangements are required to maintain service delivery.
RECOMMENDATION:
The Court has considered the submissions made to it by the parties.
Noting that staff when, covering for an absent Senior Dental Nurse, are asked to act within their own job descriptions, the Court takes the view that the position put by the Management, including the acting-up arrangement, is reasonable. The Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
10th June, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.