FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UCD - AND - UNITE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Service Delivery Options - Veterinary Hospital
BACKGROUND:
2. The case concerns how the Hospital will employ additional Veterinary Nurses on more flexible arrangements at its Veterinary Teaching Hospital.
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 25th October, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th January, 2015.
UNIONS' ARGUMENTS:
3 1 Veterinary nurses have historically been employed as technicians and any attempts to downgrade these members into the future, is contrary to current agreements in place.
2 Veterinary nurses are a highly professional body of workers and any downgrading of this professional body is unacceptable.
EMPLOYER'S ARGUMENTS:
4 1 It is the University's contention that the terms and conditions of employment and salary range for Technical Officers generally is not appropriate to the role of veterinary nurse.
2 The number of veterinary nurses currently employed in the Hospital is far below that required to provide an appropriate service.
RECOMMENDATION:
The background to this dispute lies in the Hospital’s need to employ Veterinary Nurses on more flexible arrangements than those applicable to the Technical Officer grade.
Two options have been put forward in order to achieve that requirement. The Unions’ preferred option would involve the introduction of a new trainee grade to be employed on fixed-term contracts and who could be subsequently be appointed permanently to the TO grade, although with no guarantee of permanent employment.
The University’s preferred option is for the introduction of a new career structure for Veterinary Nurses with more flexible working arrangements than at present and within which permanent employment would be provided. On the University’s proposal existing staff would be red circled on their existing grade and working arrangements.
An agreed assessor found that the proposal advanced by the University was the most viable.
Having considered the submissions of the parties the Court has concluded that the only viable option is that put forward by the University. The Court recommends that this option be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
14 January, 2015______________________
CO'RChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.