INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ST. LUKE'S HOSPITAL (SCHOOL OF RADIOGRAPHY)
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
1. Pay Relationship.
2. The dispute concerns a claim by the Union that there is an agreed parity between the teaching staff in St. Luke's Hospital (TCD School of Radiography) and St. Vincent's Hospital (UCD School of Diagnostic Imaging). There are 2 teachers employed by St. Luke's Hospital involved in this dispute.
Worker A commenced employment in 1982, and in 1985 applied for and received a pay increase to the level of Principal, on the same terms and conditions as her counterpart in St. Vincent's Hospital. The Union claims that in 1990 she discovered that her pay was not in line with that of the Principal at St. Vincent's. The differential was restored but, the Union claims, the same problem arose again in 1994.
Worker B was placed on the Senior Radiographer scale, on the same terms and conditions as her counterpart in St. Vincent's Hospital. In 1993, she discovered that her counterpart had been upgraded to Superintendent Radiographer II. Comparisons between the pay scale of the 2 workers and their counterparts at St. Vincent's Hospital are as follows:-
St. Luke's HospitalSt. Vincent's Hospital
Worker A - £23,453 £30,282
Worker B - £20,187 £23,019
The School of Radiography (St. Luke's Hospital) is at present the only school being funded by the Department of Health. Discussions are ongoing to have its fundings transferred to the Department of Education.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place on 7th March, 1996. As the parties failed to reach agreement, the dispute was referred to the Labour Court on 15th April, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3rd May, 1996.
3. 1. Parity of pay has been established between both workers and their counterparts in St. Vincent's Hospital. This was confirmed to worker A in 1990 by both management and the Department of Health, and to worker B in 1986.
2. There is no difference between the work being carried out by the 2 workers and their counterparts. The discussions taking place regarding the possible transfer of the school from the Department of Health to the Department of Education have no bearing on claim for parity.
4. 1. The Union's claim is precluded by the Programme for Competitiveness and Work (PCW). The Department of Health is not in a position to sanction a salary increase outside of the PCW agreement.
2. The difference in pay levels between the 2 schools/hospitals is historical. The Principal at St. Vincent's Hospital applied for and received parity (by way of an allowance) with the head of physiotherapy at the Mater Hospital a number of years ago.
The Court finds that there is an acknowledged pay relationship between the teaching staff in the TCD School of Therapeutic Radiography who are employees of St. Luke's Hospital and their comparators in the UCD School of Diagnostic Imaging, St. Vincent's Hospital.
Given all the circumstances of this case, the Court, notwithstanding the current discussion between the Departments of Health and Education, considers that the relationship should be maintained and the necessary adjustments be made to the salaries of the employees concerned, with effect from the date of issue of this Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
27th May, 1996______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.