FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JAMES'S HOSPITAL - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Acting Up Post.
BACKGROUND:
2. This dispute concerns the manner in which the position of Acting-Up Service Officer in the Electrical Craft Shop at St. James's Hospital was filled. The Union is seeking that the position be rotated amongst all of its six members. The current arrangement, which has been in place for almost eight years, is that only one electrician has first-call on this acting-up position.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 1st June, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th August, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The current arrangements give an unfair advantage to one Worker in an interview process should a Service Officer position become vacant.
2. The Employer has agreed in writing that the position of Acting-Up Service Officer in theElectrical Craft Shop should be rotated.
3.The current arrangement is out-of-line with normal practice both within and without St. James's Hospital.
EMPLOYER'S ARGUMENTS:
4. 1. The current arrangements replaced the previous practice of using seniority to decide who should get the acting-up position.
2. The Union agreed with the decision to have an open competition to fill the acting-up position filled on a permanent basis.
3.The Employer sees no reason to change the current arrangements
RECOMMENDATION:
The issue before the Court concerns a claim by the TEEU on behalf of electricians for a change to the existing “Acting-Up” arrangements in the electrical shop in the Technical Service Department of St James's Hospital.
The current arrangements have been in existence since 2002 when an agreement was reached on the matter between management and the Local Committee of Shop Stewards. This Agreement provided for the holding of a competition and the appointment of an Acting-Up Service Officer on a permanent basis and an electrician was duly appointed to the role in October 2002.
While there was some dispute between the parties on whether or not interviews were held for this position at the time, it is clear that a named electrician was appointed to the role and has remained in that role for almost eight years.
The Union is now seeking that the Acting-Up position be rotated amongst its members on the basis that it would be a more fair and equitable system to operate for the purpose of affording each member an equal opportunity for promotion whenever the Service Officer position becomes vacant. Furthermore, the Union stated that the current practice is out of line with other Voluntary Hospitals.
Having considered the positions of both parties as expressed in their oral and written submissions, it is accepted by the Court that the current Acting-Up arrangements in the Hospital may be out-of-line with normal practice and consequently the 2002 Agreement may require amendment. However, the Court is of view that as the incumbent was appointed in accordance with the terms of the 2002 Agreement, on a permanent basis, the Court cannot interfere with that appointment. Therefore, the Court recommends that the current Acting-Up arrangements must remain until such time as the parties are in a position to discuss a variation of the 2002 Agreement to bring it into line with Acting-Up practices in general.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th September, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.