FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK UNIVERSITY HOSPITAL (REPRESENTED BY HSE SOUTH) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. On-call allowance
BACKGROUND:
2. The claim by the Union is that the on-call allowance paid to 5 Perfusionists in Cork University Hospital is out of line with the allowance paid to Perfusionists in Dublin and Galway. A Perfusionist is a specialised grade who operates the heart-lung machine during surgery. There are 20 in total in the country divided between Dublin, Cork and Galway. Following LCR18208 in 2005, a new on-call allowance was agreed for Perfusionists. The Union claims that the allowance only applied to Dublin-based Perfusionists and that retrospection was applied from 2003 following LCR18794 in December, 2006. The Union is seeking the same deal for the Cork Perfusionists. The Union also claims the Dublin allowance was applied to Perfusionists in Galway from June, 2010, although without the retrospection to 2003. The Hospital's position is that the correct allowance is applied to the Perfusionists in Cork.
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 28th September, 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. A letter from the HSE in 2002 stated that Perfusionists employed in Dublin and Cork have enjoyed identical salary scales and grading arrangements. The same should apply to the on-call allowance. Various Labour Court recommendations have also stated that the allowance should apply to all Perfusionists.
HOSPITAL'S ARGUMENTS:
4. 1. The Hospital is satisfied that the Perfusionsts in Cork are receiving the correct allowance. The application of HSE HR Circular 019/2007 in regard to revised on-call rates is specific to the Mater Hospital and St. James's Hospital in Dublin.
2. The claim is cost-increasing and, therefore, precluded under the current Public Service Agreement. However, the Hospital has offered to apply the Dublin rates to the Cork Perfusionists to date from June, 2010.
RECOMMENDATION:
The claim before the Court was submitted by the Union on behalf of Perfusionists employed at Cork University Hospital and concerns the application of revised rates of on-call and call-out payments for this grade as agreed at the Mater Hospital and St. James’ Hospitals, Dublin.
Having considered the submissions of both parties the Court is of the view that the offer made by the HSE to the Union to pay the allowances retrospective to 1st June, 2010, is fair and reasonable and should be accepted by the Union on behalf of the Perfusionists.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th March, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.