FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - IRISH DENTAL ASSOCIATION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Implementation of 2011 Agreement.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to the implementation of an Agreement concluded between the parties in 2011. It is the Unions' claim that the Employer has failed to implement the Agreement which allows for the appointment of 26 senior promotional positions in the HSE. It is the Unions' claim that a number of these positions remain unfilled at present contrary to the terms of the Agreement. The Employer rejects the Unions' position, arguing that the Agreement has been superseded by restructuring initiatives undertaken across the Community Health sector.
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 July, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th October, 2015.
UNION'S ARGUMENTS:
3. 1. The Agreement concluded in 2011 allows for 26 promotional positions within the HSE.
2. At present a number of those positions remain unfilled.
3. The Unions are seeking compliance with the Agreement before talks on any further restructuring commence.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer, while acknowledging that there is an Agreement in place, asserts that its terms have been superseded by the reorganisation of the sector and current business requirements.
2. The Employer is not in a position to concede the Unions' claim as it must fully adhere to Government policy.
RECOMMENDATION:
The Court has given careful consideration to the submissions of both sides in this dispute.
The Court finds that the 2011 Agreement remains in place and should be observed by both sides. The Court further notes that the HSE has not fully satisfied the terms of that Agreement at this time.
While that may be a cause of complaint in its own right it is not the basis upon which the Unions can refuse to engage with Management regarding the changes it wishes to introduce into the service. The Unions have, by way of the Haddington Road Agreement, committed to co-operating with such change in return for major concession on pay and other conditions of employment.
In that context the Court recommends that the parties engage in time bound discussions on all issues that are in dispute between them. When those talks have concluded the parties may refer any and all outstanding matters back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
10th November 2015______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.