LCR16109

FULL RECOMMENDATION CD/98/570 RECOMMENDATIONNO.LCR16109 (CC98/289) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SISTERS OF LA SAGESSE SERVICES (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr Rorke

SUBJECT:
1. Pay Increase.



BACKGROUND:

2. The Sisters of La Sagesse Service Centre for mentally handicapped is based in Cregg House, Sligo and was founded in 1955. The claim is on behalf of 61 care/nursing assistants who are seeking pay parity with college care assistants in a number of similar establishments, including Cheeverstown Centre and the Brothers of Charity in Galway. The claim was first made in August, 1994 for pay parity with the care assistants in Cheeverstown House. The current pay scale (which is the Group 1 non-nursing scale) for the workers concerned is £11,334 - £12,000 per annum. The scale they are seeking parity with is £12,295 - £16,622. The Union is seeking retrospective payment to the date of the claim.

Management of the Centre has sympathy with the Union's case but maintains that, because it is funded by the Department of Health, it can do nothing without the Department's approval. The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 22nd of April, 1998. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd of November, 1998, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st of December, 1998




UNION'S ARGUMENTS:

3. 1. There is no dispute between the parties as to the validity of the claim. The duties of the workers concerned and the care assistants in the comparator groups, e.g. Cheeverstown Centre, are the same.

2. All other employees in Cregg House are paid the appropriate national scale set out by the Department of Health. Only the care assistants are out of line financially with their equivalent colleagues.

3. Labour Court Recommendation No. 14176 previously acknowledged the inappropriateness of the pay relationship between care assistants and non-nursing staff.

CENTRE'S ARGUMENTS:

4. 1. The Department of Health has advised that it would be inappropriate to consider the claim. The workers concerned have already been awarded a special pay award of £16.04 per week under a special pay agreement of the PESP. Part of this agreement included a moratorium on all further cost-increasing claims.

2. In LCR No.15927 which dealt with a similar claim between the Brothers of Charity, Waterford and SIPTU, the Labour Court recommended that the claim should be addressed on a national level. The Centre feels that the present claim should be resolved in the same way.


RECOMMENDATION:

The Court has carefully considered the submissions made by the parties. The Court can see no justifiable reason as to why the pay of the claimants in this case should not be brought into line with that of care assistants employed by the other agencies with which comparison is drawn.

Accordingly, the Court recommends that the Union’s claim be conceded. The Court further recommends that the effective date for the adjustment in pay recommended be the 1st of April, 1998.



Signed on behalf of the Labour Court



Kevin Duffy
9th March, 1999______________________
C.O'N./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.