FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK UNIVERSITY MATERNITY HOSPITAL (REPRESENTED BY HSE) - AND - INMO DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Realignment of Assistant Directors of Midwifery to Band One
BACKGROUND:
2. The Union is seeking the realignment of four Assistant Directors of Midwifery (ADOM) to Band 1 status. The Union's case is that the Hospital is an amalgam of Bon Secours Maternity Hospital - Band 1, and St. Finbarr's Hospital and Erinville Hospital - both Band 3. The Hospital has a Director of Midwifery. The Hospital's case is that the post of Assistant Director of Midwifery has an identified salary at non-Band-1 level.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 9th March, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd March, 2011, in Cork.
UNION'S ARGUMENTS:
3. 1. The claim is not for an upgrade, it is for recognition of the correct salary at which the four workers concerned should be paid. There is a difference of €6,319 per annum between a Band 1 ADOM on the top point of the scale and a non-Band-1.
2. There is no potential for knock on effects as all other Band 1 Hospitals already pay the correct rate.
3. Head Midwives in Kerry General Hospital and Waterford Hospital receive greater pay that the four ADOM despite having less responsibilities.
HSE'S ARGUMENTS:
4. 1. Management is happy that the rate of remuneration for the four claimants is correct as the Hospital is not Band 1.
2. The claim is cost increasing and, as such, is debarred under the current Public Sector Agreement. The Government moratorium on promotion and payment of acting-up allowances also precludes the claim.
RECOMMENDATION:
The matter before the Court concerns the realignment of four Assistant Directors of Midwifery in Cork University Maternity Hospital from Non Band One salary scale to the Band One salary scale.
Management submitted to the Court that it was not possible to realign the Claimants to the Band One Salary scale as sought by the Union as the claim was cost increasing and therefore precluded by the terms of paragraph 1.27 of the Public Service Agreement 2010 – 2014. Furthermore, the moratorium on recruitment and promotions in the public sector restricts it from conceding an upgrade to the Claimants.
The Court is precluded from recommending concession of the claim under the terms of the Public Service Agreement 2010 – 2014, due to the cost increasing nature of the claim and the moratorium on recruitment and promotions in the public sector. However, the Court notes that an application has been submitted to have the Maternity Hospital graded as a Band One hospital in line with Cork University Hospital and accordingly recommends that in the context of any progress being made on this issue the claim before the Court should be revisited by Management.
Accordingly, the Court must reject the claim at this time.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th March, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.