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Public Service Stability Agreement Section 39
9th Of February 2018
Dear Colleagues
As you are aware, the INMO has been pursuing the matter of pay restoration in line with the Public Service Stability Agreement for members working within section 39 organisations. Claims have been lodged and have been pursued with local management, to the WRC and the Labour Court. The Labour Court have confirmed in recommendations that pay parity exists in the Section 39 organisations and the public sector, and that engagement should take place between the INMO, HSE and the Department of Health with regards to resolving the dispute. 
The INMO welcomes correspondence issued by the WRC today, further to discussion which took place under the auspices of the WRC last week. These discussions included four ICTU unions, namely the INMO, FÓRSA, SIPTU and UNITE. Other parties involved included the Department of Health and the HSE.
Please click here to view the WRC document. Please note that locations where INMO members work are included in the priority list in the WRC document.
The process that will be followed with regards to pay restoration in section 39 organisation is:
1. The Department of Health has instructed the HSE to engage with the Section 39 organisations to establish several facts including:
• Whether, when and to what extent reductions in pay rates were applied during the crises in each relevant organisation,
• Whether, when and to what extent restoration of pay reductions has happened,
• Identify the financial implications for each organisation, considering all sources of funding associated with addressing the issue identified; and
• Propose an appropriate plan to phase resolution in each case.
2. The HSE will commence the data gathering exercise immediately and will submit an interim report by the 31st of March 2018. This exercise will ensure that answers are achieved to point 1,2 and 3 above in respect to the listed organisations.
3. When the exercise is completed, the HSE will present the results to the Department of Health and the parties may utilise the services of the WRC in respect of implementation of the outcomes of this exercise.
4. A specialist third party may be utilised to audit and corroborate the details. If the parties cannot agree on the appropriate third party, the WRC will nominate somebody.
5. The WRC will assist the parties regarding implementation and an oversight group will be established including the relevant representative parties and this will be chaired by the WRC.
The INMO welcomes the intervention of the WRC and believe a pathway has now been outlined, to ensure that members receive appropriate pay restoration within the section 39 sector.
I trust the forgoing update is of assistance, however if you require any further clarification, please do not hesitate to contact the Industrial Relations Officer that is pursuing your claim for restoration.
Thank you for your attention,
Yours sincerely
Tony Fitzpatrick
Acting Director of Industrial Relations
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