FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - AND - IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Pay rates.
BACKGROUND:
2. The Union is seeking to correct an anomaly relating to the payment for four Midwifery Practice Development Coordinators. The payment for this clinical grade is Assistant Director of Nursing (ADON), and there are two levels of this grade Band 1 and non-Band 1.
This particular claim relates to four posts in PDC Midwifery, working in Band 1 hospitals but paid as non-Band 1 ADON.
The HSE see this claim by the Union as a claim for an increase to the pay rates for Practice Development Coordinators in Midwifery.
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 21st September 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th January 2011.
UNION'S ARGUMENTS:
3. 1. The Union maintains that the salary of an Assistant Director of Nursing grade is based on the Banding of the Hospital in which that particular person is employed.
2. The posts in question are placed in Band 1 Hospitals and therefore, the Union maintains that, the salary should be that of Assistant Director of Nursing/Midwifery Band 1.
3. The Union contends that the HSE should have adjusted the salary in line with Hospital banding and in ignoring this rule they erred.
MANAGEMENT'S ARGUMENTS:
4. 1. Management maintains that the Practice Development Coordinator in Midwifery is aligned for payment purposes only to the Assistant Director of Nursing Non-Band 1 Hospitals. There is no correlation to the hospital banding arrangements.
2. Management maintains that the claim is cost increasing and precluded under paragraph 1.27 of the Public Service Agreement which states that'no cost increasing claims by trade unions or employees for improvements in pay or conditions of employment will be made or processed during the currency of the Agreement.'
3. All Practice Development Coordinators in Midwifery are paid on the established rate for the post, which is equivalent to the Assistant Director of Nursing Non-Band 1.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
In light of the terms of clause 1.27 of the Public Service Agreement the Court is not in a position to consider this claim at this time.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
12th January, 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.