FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Rates of pay for Theatre Attendants.
BACKGROUND:
2. This dispute concerns a claim on behalf of Theatre Attendants at Cork University Hospital for an upgrade from Band 4 to Band 3 employees on the Department of Health and Children Consolidated Scales. The Union said the Household Staff perform a wide range of duties including working in the operating theatre and that they are graded incorrectly at Band 4 instead of Band 3. The Employer said that in 2003, a national agreement entitled ‘Recognising and Respecting the Role’ was reached with the trade unions regarding support staff (formerly non-nursing) employed in the health services. The Theatre Attendants were remunerated at Band 4 for the purposes of that agreement. This 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 4th April 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 9th October 2014.
UNION’S ARGUMENTS:
3. 1. Household Staff perform a range of tasks such as washing, hovering, polishing, dusting of floor and furniture in toilets, bathrooms, bedrooms, corridors, offices etc. The term Household Staff implies that the range of duties are similar to those carried out in our homes on a daily basis.
- 2. The duties of a Theatre Attendant include the cleaning of the Theatre and the trollies, the “Operating Table” etc., there is contact with bodily fluids, fragment of bone and flesh. There is no comparison between the duties of Household Staff and Theatre Attendants.
3. The Claimants carry out duties in the Operating Theatre and should be graded as such.
EMPLOYER'S ARGUMENTS:
4. 1. As part of the implementation of the national agreement Management undertook a review of duties undertaken by all support services staff within their services to identify the appropriate Band as provided for within the national agreement.
2. Having regard to the duties undertaken by the Household Staff at Cork University Hospital, the terms of the agreement identified the Band 4 rate of remuneration as the appropriate rate for this grade.
3. The duties undertaken by the Band 4 Domestic Attendant and the Band 3 Multi Task Attendant (MTA) identify a number of common tasks for both disciplines. However the national agreement for Support Services Staff distinguishes the MTA grade from that of the Domestic Attendant whereby the MTA undertakes duties classified as direct patient care such as feeding of patients, assisting patients with personal hygiene needs and assisting nurses to care for personal hygiene needs of patients.
RECOMMENDATION:
The Court notes that it is agreed between the parties that this dispute has come before it under the terms of theClause 5.1 of the Public Service Stability Agreement 2013-2016 (Haddington Road Agreement)and the Decision of the Court is binding on the parties.
The issue before the Court concerns the Union’s claim on behalf of Theatre Attendants at Cork University Hospital that they are incorrectly graded as Band 4 employees when they should be graded as Band 3 employees on the Department of Health and Children Consolidated Salary Scales.
The HSE stated that the Claimants are part of the Household Staff and following a national agreement agreed in 2003 between health service employers and the various trade unions regarding support staff, they were graded as Band 4 employees. This agreement, entitled “Recognising and Respecting the Role”, provided revised rates of remuneration for all support services grades, it agreed that all grades would be consolidated into four Bands, Household Staff were graded as Band 4 employees. The HSE stated that Theatre Attendants duties were reviewed in July 2013 as part of the Theatre Skills Mix Project in the Hospital and found to be appropriately graded. Furthermore, the HSE submitted that the claim should be rejected as it was cost increasing and therefore debarred under Clause 1.27 of Public Service Agreement 2010-2014.
The Union submitted that there was no comparison between Theatre Attendants and Household Staff and that Theatre Attendants in similar roles in HSE South hospitals and in voluntary hospitals funded by HSE South are paid at Band 3.
Having considered the submissions made by both parties the Court is of the view that sufficient evidence has not been presented to the Court to warrant the movement of the Claimants from Band 4 to Band 3 and accordingly rejects the Union’s claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
16th October, 2014.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.