FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INSTITUTES OF TECHNOLOGY - AND - (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Implementation of LCR 18602, Implementation of Report on Health & Safety Officers
BACKGROUND:
2. The Union is seeking the implementation of the following - (1) LCR18602 which was in relation to Nurse Allocation Officers and (2) a report of a job evaluation on Health and Safety Officers in the Institutes of Technology. The Union's case is that LCR18602 - which issued in June, 2006, - recommended that a review of the posts should take place by June/August, 2007, but has still not been implemented. In early 2008 the parties agreed that a review of the appropriate grading structures of the Health and Safety Officers should be carried out by an independent third party. His recommendation was that the positions in question should be identified and examined on a case-by-case basis in each Institute. To date this recommendation has not been carried out.
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 2nd June, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st August, 2009.
UNION'S ARGUMENTS:
3. 1. If there is disagreement about the level or grading of a post it is standard practice to have the role independently reviewed and individuals are then placed on the appropriate point on a scale. This applies to both groups involved in the current claim. The level of responsibilities has increased for the Nursing Allocation Officers since LCR18602 issued.
INSTITUTE'S ARGUMENTS:
4. 1. The situation is very different now than in 2007/2008 which were two years of stability for nursing education. The present financial situation has meant a cut in funding for the Nursing Allocation Officers and there has also been a reduction in work for them.
2. Health and Safety Officers are not a generic group across the sector and the duties of health and safetycan form part of the duties of other grades. Management believes that in regard to workers in the present claim local discussions in each Institute should take place.
RECOMMENDATION:
Having considered the submissions of both parties the Court recommends as follows: -
Implementation of LCR No: 18602
- The Court recommends that an independent review of the post of Nursing Allocation Officer in the Institutes of Technology should now be carried out. The Court recommends that the parties should agree an independent person with the necessary expertise to undertake this examination.
Implementation of Report on Health and Safety Officers
- The Report, conducted by Mr. S�an McHugh, examined the Health and Safety role operated within Institutes of Technology and concluded
- “Based on the information received during the course of this Review, it is not possible to arrive at one logical grade level for this group and I recommend that the positions in question be identified and then examined, on a case by case basis, in each Institute.”
In line with the McHugh Report, the Court notes that it is generally accepted that the responsibility for Health and Safety matters varies considerably from one Institute to another and on that basis the Court recommends that a joint Union/Management group should be set up to examine this role within the various Institutes and to determine how the functions should be graded, recognising the diversity which exists. The Court recommends that this exercise should be conducted without delay and should be completed before the end of 2009.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd September, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.