Labour Court Database __________________________________________________________________________________ File Number: CD88202 Case Number: LCR11914 Section / Act: S67 Parties: ST. JOSEPH'S SCHOOL FOR DEAF BOYS - and - MARINE PORT AND GENERAL WORKERS UNION |
Claim on behalf of 9 Care Workers for parity of salary scales with Eastern Health Board rates.
Recommendation:
5. Having considered the submissions the Court is of the opinion
that the Care Staff should be paid at rates equivalent to rates
paid to similar workers employed in other institutions funded by
Health Boards/Department of Health.
The Court therefore recommends concession of the Union's claim
subject to the terms of the Plan for National Recovery.
Division: Mr O'Connell Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88202 RECOMMENDATION NO. LCR11914
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ST. JOSEPH'S SCHOOL FOR DEAF BOYS
(Represented by the Federated Union of Employers)
and
MARINE PORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim on behalf of 9 Care Workers for parity of salary scales
with Eastern Health Board rates.
BACKGROUND:
2. The school has 230 pupils of whom 109 are boarders and is
funded by capitation grants from the Health Boards. The job of
the care workers is to look after these boarders outside normal
school hours (details supplied to the Court). The rates of pay of
the workers range from £5,980 per annum to £7,280 per annum. In
1987, the Union on behalf of the workers made a claim for a
revised salary scale in line with that for child care supervisors
in the Eastern Health Board. This was rejected by the School on
the basis that it was unable to increase pay above the present
rates but would increase wages in the next round in line with the
National Plan. On 18th January, 1988, the matter was referred to
the conciliation service of the Labour Court. A conciliation
conference was held on 8th March, 1988. At conciliation the Union
revised its position to an increase in salary scales to Grade 1
rates in the Eastern Health Board i.e. £7,790 - £9,393 p.a. (as
applicable at 1/5/87). No agreement could be reached and the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 26th April,
1988.
UNION'S ARGUMENTS:
3. 1. The workers care for pupils of mixed ages between the
hours of 3.00 p.m. and 10.00 p.m. Monday to Thursday, 2.00
p.m. to 6.00 p.m. on Fridays and one Sunday in six from 5.45
p.m. to 10.00 p.m. The workers supervise the children and
assist during meal hours and in organising social activities
for them (details supplied to the Court).
2. The rates of pay for the workers range from £115 per week
(£5,980 p.a.) to £140 per week (£7,280 p.a.) The duties and
skills of these workers are similar to those of comparable
workers in the Eastern Health Board, however the Union is
prepared to accept Grade 1 rates at present. The
workers should be assimilated onto the Grade 1 scale in
operation in the Eastern Health Board (details supplied to
the Court) and the National Plan should then be applied.
SCHOOL'S ARGUMENTS:
4. 1. The capitation grant is only increased by the Department
of Health by a nominal percentage each year, the increase for
the period July, 1988, to July, 1989, is only 3%. In the
past few years the number of pupils has reduced significantly
and there has been a consequent reduction in income (details
supplied to the Court). Wage costs have been increasing by a
higher percentage than the increase in the capitation grant
and in the year ending 31st December, 1986, the school paid
out 68.05% of its income in wages and has a deficit for the
year of 12.88%. The Department of Health has been asked to
change the method of funding from capitation to a budget
system on many occasions but this has not been granted.
2. A comparison with care staff in the Eastern Health Board
is an unfair one. The workers in this school are contracted
to work 40 hours per week but only work an average of 33
hours and total holidays amount to 73 days a year (details
supplied to the Court). In comparison, Eastern Health Board
care staff work a 40 hour week and get a maximum of 30 days
annual leave per year. Also the work of the staff in the
Health Board involves working with groups of children who
require a greater level of expertise and attention.
3. If the Union's claim was conceded it would increase the
payroll cost for the school by a minimum of 9.5% and to pay
anything above the terms of the National Plan would increase
payroll costs by more than the known capitation increase for
the period 1988/89. The school does not have the funds to
pay above the terms of the National Plan.
RECOMMENDATION:
5. Having considered the submissions the Court is of the opinion
that the Care Staff should be paid at rates equivalent to rates
paid to similar workers employed in other institutions funded by
Health Boards/Department of Health.
The Court therefore recommends concession of the Union's claim
subject to the terms of the Plan for National Recovery.
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Signed on behalf of the Labour Court
23rd June, 1988 John O'Connell
U.M./P.W. Deputy Chairman