FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TUSLA (CHILD & FAMILY AGENCY) (REPRESENTED BY HSE SOUTH) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Incremental Credit for Unit Managers and Deputy Unit Managers in Tulsa.
BACKGROUND:
2. This dispute relates to a claim for incremental credit for Unit Managers and Deputy Unit Managers in Residential Childcare Services in the Cork/Kerry region.
- This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 7 June 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 18 October 2017.
UNION’S ARGUMENTS:
3. 1. The Union is seeking the inclusion of incremental progression in the contracts, on a red-circled basis, issued to the Claimants arising from the HSE/IMPACT Regularisation Agreement (HSE HR Circular 17/2013).
2. The Union is seeking the retrospective payment of monies owed arising from the non-payment of incremental credit from the date the HSE Circular 017/2013 issued on the 15 October 2013.
3. The Claimants are being treated less favourably than all other employees of the HSE and Tusla who received contracts of indefinite duration under the Regularisation Agreement on the basis of incremental progression which is not a provision in the contracts of the Claimants.
EMPLOYER'S ARGUMENTS:
4. 1. Pending the outcome of national discussions in 2001, an interim arrangement was entered into where the Unit Managers would be placed on the first point of the Senior Social Worker scale with no progression and the Deputy Unit Managers would be placed on the first point of the Team Leader Social Worker scale with no progression.
2. In 2003 Agreement was reached with IMPACT on the revised pay scales. The scales agreed for Unit Managers and Deputy Unit Managers are below the first point of the Senior Social Worker and Team Leader Social Worker scales.
3. This is a cost-increasing claim and is precluded under the national Regularisation Agreement and under Clause 4 of the Lansdowne Road Agreement.
RECOMMENDATION:
The Court notes that it is agreed between the parties that this dispute has come before it under the terms of the Clause 4.1.6 of the Public Service Stability Agreement 2013-2018 (Haddington Road Revised Agreement) and the Decision of the Court is accordingly binding on the parties.
The issue before the Court is a claim by IMPACT on behalf of Unit Managers and Deputy Unit Managers in Residential Childcare Services in the Cork/Kerry region for incremental credit. The Union submitted that the Managers have been in acting positions since 2001 and been paid on an interim salary scale but without incremental progression. The Claimants were regularised under the terms of the Haddington Road Revised Agreement per HSE Circular 017/2013 effective from 15th October 2013. The Union is claiming application of incremental credit in recognition of their past service, on a red circled basis. It sought retrospective payment of monies owed arising from non-payment of incremental credit form the date of HSE Circular 017/2013.
Management submitted that the circumstances surrounding the Claimants were anomalous as they relate to an interim arrangement entered into pending a national agreement on appropriate pay scales for Unit Managers and Deputy Unit Managers in Residential Childcare Services. The interim arrangement placed them on the Senior Social Worker and Team Leader Social Worker grades, respectively, on a personal-to-holderbasis, with no incremental progression, and was entered into without prejudice to the ongoing national discussions on the issue. Such an agreement was agreed nationally in 2003 and this set the scales below point 1 of the interim salary scales that the Claimants were on.
In 2010, local Management discovered that the Unit Managers and Deputy Unit Managers who had been placed on the interim scales continued to remain on those scales. It also discovered that some had erroneously progressed incrementally on the interim scales.
While the issue of incremental credit was a contentious one for some time between the parties, HSE management decided to continue payment ofthe rates in place until such time as the nationally-agreed salary scales for thegrades were compatible. In the meantime national discussions on the issue of regularisation of long-term acting employees were completed and the Claimants were accordingly regularised and made permanent on their existing interim rates of pay. They were thereby made permanent on the PSW and TLSW scales set at a point that they had been on since 2001.Management stated that while they were on this arrangement the Claimants did not suffer any loss of earnings as the interim arrangements provided for an increased payment to the nationally-approved rates e.g.:-
- The Interim scale for Unit Manager:-
€64,886 - €75,900
The Approved scale for Unit Manager :-
€54,463 - €62,321
Management submitted that as the agreement on regularisation stipulated that implementation must be on a cost-neutral basis, therefore, the claim submitted is cost-increasing and precluded by the terms of the Regularisation Agreement and by Clause 4.2 of the Haddington Road Revised Agreement.It proposes to re-align the Claimants' rates of pay to the approved rates if and when their rates are compatible thereby ensuring that the staff members concerned will not suffer any loss of earnings as a result of the interim arrangement or the Regularisation Agreement.
The Court has carefully considered the submissions of both parties. The Court notes that the Claimants have been regularised in their positions and due to the unique circumstances which have prevailed over a number of years they are and have always been on higher rates of pay than others in similar positions. The Court is of the view that Management's proposal to re-align the Claimant's rates of pay to the approved rates over time is a reasonable one in all the circumstances. Accordingly, the Court does not recommend in favour of the Union's claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
1st November, 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.