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2002

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LCR17298

FULL RECOMMENDATION

CD/02/457
RECOMMENDATIONNO.LCR17298
(CC01/3344)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
WEXFORD GENERAL HOSPITAL
(REPRESENTED BY SOUTH EASTERN HEALTH BOARD)

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Plaster technician rate.


BACKGROUND:

2. The dispute before the Court concerns a claim by the Union on behalf of Orderlies employed at Wexford General Hospital who carry out a number of duties relevant to the post of Plaster Technician to be paid the Group 4 non-nursing rate of pay. The Board rejects the claim stating that the Plaster Technician is trained and highly skilled and that the actual work relevant to this post carried out by the Orderlies is minimal.

Local discussions could not resolve the dispute which was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement could not be reached, the dispute was referred to the Labour Court on the 12th of August, 2002, in accordance with Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place in Kilkenny on the 4th of October, 2002, the earliest date suitable to the parties.

UNION'S ARGUMENTS:

3. 1. Orderlies at the hospital carry out approximately two thirds of the duties of a Plaster Technician. They alsomaintain the equipment used.

2. Orderlies have been carrying out these duties for many years without any recognition.They are adamant they should receive proper financial recognition as the hospital is receiving a service over and above that which is normally demanded of orderlies.

3. The workers concerned should receive the Group 4 non-nursing rate of pay with due retrospection.

BOARD'S ARGUMENTS:

4. 1. The actual Plaster Technician work carried out by the workers concerned is minimal. The work is carried out on a Monday morning and one other half-day during the week.

2. The Board is not prepared to compensate the orderlies for work which is considered to be part of their duties

3. The claim is cost increasing and cannot be conceded.

RECOMMENDATION:

At the hearing, the Union, in the interest of resolving the dispute modified its claim to one for Group 4 non-nursing rate of pay, with due retrospection.

The Board has offered to upgrade one orderly from Group 1 to Group 4 rate, arguing that the total plastering duties are unlikely to exceed the equivalent of one day per week.

Having considered the written and oral submissions made by the parties the Court recommends that the Board upgrades 3 orderlies to Group 4, from the 1st of January, 2002.



Signed on behalf of the Labour Court



Finbarr Flood
21st October, 2002______________________
GB/BG.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.




 
 
 
 
 
 
 
 
 

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