FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE CERS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Premium payments between 8am & 8pm.
BACKGROUND:
2. The Union represents up to 150 Radiation Therapists based in Galway, Cork and Dublin. The claim is for premium payments currently applying to Radiographers to also apply to Radiation Therapists and is based on the principle of consistency. The Union is seeking an end to a reduction in twilight payments between 6-8pm and the reduction in the rate of overtime for those earning over €35k. Management have rejected the claim saying that if conceded it could run the risk of reopening the provisions of the Haddington Road Agreement.
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 9th May, 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th June, 2014.
UNION'S ARGUMENTS:
3. 1.Radiographers and Radiation Therapists share a commonality and therefore there is a need for consistency across related professions.
2. It would be unfair if Radiation Therapists were to be treated less favourablely than other grades who are protected and will not suffer a loss of earnings to the same extent.
EMPLOYER'S ARGUMENTS:
4. 1.The HSE continues to be under severe pressure from a financial perspective. This claim would have serious implications for two of the key cost reduction enablers within the Haddington Road Agreement.
2. The new payment arrangement in respect of overtime and twlight hours are in existence for all health sector grades. Concession inevitably will lead to knock-on claims from these grades.
RECOMMENDATION:
The issue before the Court was referred under Clause 1.24 of the Public Sector Agreement 2010 – 2014 (herein referred to as “PSA”), the Recommendation of the Court is binding on both parties.
The claim before the Court relates to two outstanding issues concerning Radiation Therapists Grades emanating from the application of Labour Court Recommendation No 20545 which related to the introduction of an extended day for such Grades.
The Union sought (i) application of payment of the twilight rate of time + 1/6 from 6pm to 8pm in respect of hours worked as part of a normal contracted day for those in receipt of €1,800 allowance and additionally between the hours of 8am to 9am and 5pm to 6pm for those not in receipt of the allowance and (ii) payment of overtime of time + ½ for hours worked in excess of contracted hours.
Management stated that it was prohibited from conceding the claim by the terms of the Public Service Stability Agreement 2013-2016.
The Union submitted that as the HSE had sought standardisation of Radiation Therapists Grades with Radiographers Grades, as was recommended by LCR No: 20545, it now seeks premium payments in line with those implemented for Radiographers Grades in accordance with an agreement between the parties dated 15thAugust 2013.
Having considered the position of both parties while the Court notes that both parties at some point in the process sought to standardise arrangements between Radiographers Grades and Radiation Therapists Grades. However since then the parties at national level have entered into and agreed the terms of the Public Service Stability Agreement 2013-2016, which provides:-
Clause 2.13
“Overtime arrangements are revised as follows:
- a)For those on salaries of up to €35,000 (inclusive of allowances in the nature of pay), overtime will be paid at time and a half at the first point of the appropriate scale. This formula will not apply to any scale where this provision would result in overtime being paid at less than time at any point on the scale. In the case of such scales, the formula set out in (b) below will apply.
- b)For those on salaries (inclusive of allowances in the nature of pay) of €35,000 or greater, overtime will be paid at the rate of time and a quarter at the individual’s scale point.”
Clause 2.17
- “Twilight payments and any equivalent payments across sectors, will no longer be payable.”
Therefore the Court is constrained by the terms of that Agreement and accordingly has no option but to uphold the Agreement. Therefore, the Court cannot recommend in favour of the Union’s claim.
Nonetheless, the Court notes that an anomaly now exists between Radiation Therapists Grades and Radiographers Grades which the Court recommends should be addressed by the parties, without infringing in the terms of the Public Service Stability Agreement 2013-2016.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th July, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.