FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : PUBLIC VOLUNTARY HOSPITALS INTELLECTUAL DISBALITY VOLUNTARY SECTOR (REPRESENTED BY HEALTH SERVICE EXECUTIVE AND IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION MEDICAL LABORATORY SCIENTISTS ASSOCIATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Standardisation of terms and conditions of clerical/administrative, therapy, medical scientists and other grades employed in Public Voluntary Hospitals and the intellectual disability voluntary sector.
BACKGROUND:
2. The HSE came into existence on the 1st January 2005. The subsequent Framework Agreement, formally ratified between the HSE and IMPACT in January 2005, set out a range of protections, in addition to those in the Health Act 2004, for staff transferred to the HSE. One of these issues related to standardising terms and conditions of employment.
Discussions commenced in 2006 between the HSE and the Unions on the issue of standardisation and in 2007 the talks were facilitated by an independent chairperson,Mr. Phil Flynn. A wide range of terms and conditions in the former health boards and voluntary hospitals existed.
In November 2008 further direct discussions resulted in a Draft Agreement which was subsequently accepted in a ballot.
In February 2009 IMPACT lodged a claim which sought'the application of the standardised arrangements to the relevant grades in all HSE funded public/voluntary hospitals and health agencies where these would be more beneficial to a postholder, effective from 1st January2005.' Subsequently MLSA also referred their claims forstandardisation of terms and conditions for medical scientist grades employed in Public Voluntary Hospitals.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 30th June 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th September, 2009.
UNIONS' ARGUMENTS:
3. 1.The Unions maintain that the HSE /IMPACT Agreement is in respect of clerical/administrative and therapy grades only. A large range of other staff and professions have yet to be addressed.
2.Nationally agreed leave arrangements apply to other categories of health staff (medical, nursing and support staff) irrespective of whether employment is with the HSE or a funded agency. The Unions argued that national agreements already agreed should also be applied to clerical/administrative or health and social care professionals in either setting.
3.The MLSA contend that there is an unfair and unsustainable anomaly between the terms of employment for Medical Scientists employed in public voluntary hospitals and their colleagues employed in HSE hospitals.
MANAGEMENT'S ARGUMENTS:
4. 1. Management maintainsthat clauses in the agreements with the Unions specify that the agreements made with the HSE do not apply to staff employed in the HSE-funded agencies and voluntary hospitals.
2. Management contends that the voluntary hospitals and intellectual disability agencies covered by this claim are independent separate employers with their own statutes and governing boards.
3. The agreement under which the standardisation issue was addressed, Section 30.8 of Towards 2016, states that'Where the terms and conditions of existing staff in a grade covered by Section 60 of the Health Act 2004 vary, the parties will continue to address the issues with a view to reaching standardised arrangements.' Non HSE employees are clearly not covered by Section 60 of the Health Act 2004.
RECOMMENDATION:
The matter before the Court concerns a claim by both Unions for standardisation of terms and conditions of a number of clerical /administrative grades, senior manager grades, various therapy grades and medical scientists grades employed in public voluntary hospitals and the intellectual disability voluntary sector.
The Unions sought the HSE standardised annual leave arrangements, where more beneficial to the postholder in the grades concerned, with effect from 1st January 2005 (HSE Establishment Day).
The standardisation of arrangements in the HSE came about as a result of a Framework Agreement between HSE and IMPACT in 2004 concerning the establishment of the HSE. In support of their position the Unions, reliedinter alia, on the National Agreement “Towards 2016” Clause 30.8 regarding standardisation of terms and conditions of employment which provided that :-
- “Where the terms and conditions of existing staff in a grade covered by Section 60 of the Health Act 2004 vary, the parties should continue to address the issues with a view to agreeing standardised arrangements”.
Furthermore, the Unions relied upon the outcome of a process of standardisation resulting from the HSE/IMPACT Framework Agreement completed by an independent chairman, Mr. Phil Flynn, in September 2008, wherein he suggested that there was a case to answer in relation to the issue of standardisation of terms and conditions in HSE-funded agencies.
Management rejected the claim on the basis that the employers covered by this sector are made up a number of independent and separate entities, each with their own individual terms and conditions of employment. The hospitals/agencies are not governed by the terms of the Health Act, 2004 and Section 60 of the Act does not cover its employees. Management also pointed out that Mr. Flynn’s report specifically encompassed those covered by the HSE/IMPACT Agreement of 2004 only and excluded employees in HSE- funded agencies.
Having considered the submissions of all parties, the Court is satisfied that the employers covered by this claim are all separate employers with their own terms and conditions of employment and does not see justification in extending terms negotiated at national level for the HSE to this sector.
Accordingly, the Court rejects the Unions' claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th September, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.