INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
UNIVERSITY COLLEGE GALWAY
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
IRISH MEDICAL ORGANISATION
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Ms Ni Mhurchu
1. Medical qualification allowance (LCR 14778).
2. The dispute before the Court concerns a claim by the Union on behalf of 11 full-time academic teaching staff in the faculty of Medicine, University College Galway, for payment of a medical qualification allowance which exists in University College Cork and University College Dublin.
The College rejects the claim stating that even though a medical qualification is desirable, it is not a requirement.
The claim dates back to November, 1987. In May, 1995, the Labour Court recommended that both parties meet to agree a solution for implementation on completion of the PCW. The dispute was not resolved.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission, held on the 4th of November, 1998. As agreement was not reached, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st of December, 1999, the earliest date suitable to both parties.
3. 1. Allowances are paid to academic teaching staff with a medical qualification in the faculty of medicine, University College Cork and University College Dublin. The same should apply to staff in University College Galway.
2. There is a need for medically qualified teachers to train medical students.
3. In the Physiology and Pharmacology Departments of the college, teachers are frequently requested to perform medical procedures. These could not be carried out by non-medical academics. Therefore, the college would have to employ part-time assistance from medical practitioners.
4. The claim is justified and the allowance should be paid to the staff concerned from 1987.
4. 1. Payment of an allowance to academic teaching staff holding a medical qualification cannot be justified. Eventhough a qualification is desirable, it is not a requirement.
2. If the college were to pay this allowance to the staff concerned it would have a high cost knock-on effect elsewhere in the college.
3. There are five medical colleges in Ireland, University College Galway, University College Cork, University College Dublin, Trinity College and the College of Surgeons. University College Cork and University College Dublin are the only colleges paying such an allowance.
In LCR 14778 the Court stated that there is some merit in the Union's claim. The Court went on to recommend that the parties should meet to agree a solution to be implemented post PCW. That recommendation was accepted by both parties.
It is clear that the Court intended the parties to seriously negotiate a solution to the Union's claim. The Court is not satisfied that a sufficiently serious attempt has been made to resolve this dispute by negotiation.
The Court recommends that the parties should resume negotiations with a view to resolving this dispute. If a resolution has not been achieved by 31st of March, 2000, the dispute can be
referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
22nd December, 1999.______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.