FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN / MID LEINSTER (ST BRIGID'S HOSPITAL, SHAEN PORTLAOISE) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Payment of retrospection following regrading.
BACKGROUND:
2. The case concerns a claim for retrospection on behalf of 33 Workers at St. Brigid's Hospital, Shaen, Portlaoise for wages arising from the upgrading of the Workers to the grade of Multi-Task Attendants as per the National Agreement 'Recognising & Respecting the Role Support Staff Services Agreement' 2003. The HSE Dublin/Mid Leinster region is running €7 million over budget targets and is claiming that it is not in a position to pay retrospection as it would cause implications for service delivery.
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 14th December, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 6th September, 2011.
UNION'S ARGUMENTS:
3. 1. Many of the Workers are owed considerable amounts of back money and are anxious to bring the matter to a conclusion. There is a high level of expectation among the employees involved as they are aware that the calculations have been done.
2. The HSE has not shown any recognition of the first class caring service given by the Multi-Task Attendants. The HSE has an obligation to treat these Workers in a fair and reasonable manner.
COMPANY'S ARGUMENTS:
4. 1. Figures suggest that the average cost of retrospection for the upgraded staff is in the region of €10,000 per employee, which equates to a cost increase of more than €300,000 in total.
2. The HSE Dublin/Mid Leinster area is not in a position to pay retrospection even if directed to do so by the Court.
RECOMMENDATION:
The issue before the Court concerns a claim for retrospective payment to attendant staff in St. Brigid’s Hospital, Shaen, Portlaoise, as a result of their upgrading to the Multi-Task Attendant grade, in accordance with the 2003 National Agreement “Recognising and Respecting the Role Support Services Agreement”.
A number of Claimants received the new grade with effect from 1st July 2007 while others received it from 1st November 2009. The Union sought payment of retrospection payment back to 1st June 2005 when it was agreed by both sides that the new grade should have been implemented.
Management accepted that there was merit in the claim for all but ten of the Claimants who received the upgrade without meeting the criteria, however, it submitted that due to the costs involved and the budgetary constraints, it was not in a position to pay the retrospection.
While the Court notes management’s acceptance that the Union’s claim is meritorious for all but ten of the Claimants, however, the Court is required to consider the claim having regard to the terms of the Public Service Agreement 2010-2014.
Clause 1.27 of that Agreement precludes trade unions from making or processing cost-increasing claims during the currency of the Agreement. Therefore, as the Court is satisfied that this is a cost-increasing claim, it is precluded by the Agreement and cannot recommend concession during the currency of the Agreement.
Accordingly, the Court must reject the claim at this time.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th September, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.