INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
HEALTH SERVICE EXECUTIVE
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. A range of issues concerning the Clinical Measurement Role.
2. There are approximately 270 workers involved in Clinical Measurement Science in the Irish Public Health Service. Following discussions in 1997, overseen by the Department of Health and Children, a full-time degree course in Clinical Measurement was established and the first graduates emerged in 2005. The Union is seeking a major review of the grade to cover the following issues:-Career Structure, Professional Title, Workplace Title, Quality Awareness and Standards, and Training and Development.The HSE accepts that a review is necessary but believes that a "bedding in" period of five years would be appropriate from the time the first graduates emerged i.e. by 2010. The Union considers this period too long.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 31st of October, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th of February, 2007.
3. 1. In line with many other groups within the Irish Health Service, Clinical Measurement Science has raised its level of educational qualification. Current staff have had to ensure that their knowledge and skills are regularly updated to a "state of the art" level.
2. Many of the Senior Staff teach the degree programme at the Dublin Institute of Technology (DIT) and all senior Staff can be involved in the supervision of students on placement.
4. 1. The claim is cost increasing and is thus precluded under Clause 27.7 of Towards 2016.
2. Management believes that a period of time needs to elapse before a full assessment of the impact of the changes that have taken place in the last few years can be assessed.
3. The workers concerned have benefitted fully from all entitlements due under Benchmarking and the National Agreements.
The dispute before the Court concerns a range of issues affecting Clinical Measurement Grades. This is a discipline which has been evolving over the last number of years, culminating in a full-time degree course in Clinical Measurement, with the first graduates emerging in 2005.
The Union maintained that a review of many aspects of the profession should be undertaken as a matter of urgency. It submitted claims to the Court on the following areas:
-Quality Awareness and Standards,
-Training and Development.
Management accept that a review of the Grade is necessary. However, it submits that in order to fully assess the effects of the degree programme on the profession a period of five years should elapse after the first graduates emerged before a review takes place.
Having considered the views of the parties expressed in their oral and written submissions, the Court is of the view that a review of the profession should be carried out to address the areas identified by the Union. The Court recommends that this review should commence from January, 2008. Both parties should agree on an independent person/body to conduct this exercise; they should be provided with the appropriate expert support if necessary. If agreement is not reached between the parties on an independent person/body, the Court will nominate one.
If there are outstanding issues following this review which cannot be agreed between the parties, these may be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
22nd February, 2007______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.