Labour Court Database __________________________________________________________________________________ File Number: CD88223 Case Number: LCR11848 Section / Act: S67 Parties: SAINT MARY'S HOSPITAL DRUMCAR - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim seeking to have fifteen assistant nurses transferred from the assistant house parent scale to the house parent scale.
Recommendation:
5. The Court, having considered the submissions from both
parties, is not satisfied that the claimants are incorrectly
graded.
The Court accordingly rejects the claim for the re-grading of the
claimants to the grade of House Parent.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD88223 RECOMMENDATION LCR11848
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SAINT MARY'S HOSPITAL DRUMCAR
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim seeking to have fifteen assistant nurses transferred
from the assistant house parent scale to the house parent scale.
BACKGROUND:
2. Saint Mary's caters for physically and mentally handicapped
adults. The claimants are on the nationally agreed scale for
assistant house parents (maximum point is £11,454 per annum). The
Union is claiming that they should be on the house parent scale.
This was rejected by Management at a meeting on the 2nd October,
1987, and the matter was subsequently referred to the conciliation
service of the Labour Court on the 9th October. No agreement was
reached at a conciliation conference on the 21st January, 1988
(earliest suitable date) and the matter was referred to the Labour
Court for investigation and recommendation. A Court hearing was
held on the 25th April, 1988.
UNION'S ARGUMENTS:
3. 1. The duties and responsibilities of the claimants are
extremely arduous and they are often in sole charge of the
patients (full details of list of duties/responsibilities
supplied to the Court).
2. The principle aim in the case of the mentally handicapped
is to carry out a programme of social/life skills with each
individual so as to achieve as independent a lifestyle as is
possible. The rapport between the carer and the resident is a
vital element in attempting to achieve this aim. The many
years' experience that the claimants have in working at Saint
Mary's plays a major part in arriving at this principle.
3. The Brothers of Charity in Clarenbridge, Co. Galway,
provide a similar service for the mentally handicapped and
staff at this location are paid the house parent scale. There
is very little variation in the operation compared with Saint
Mary's as both groups work independently with the residents,
though in different surroundings.
4. The claimants have considerable service with Saint Mary's
and administered drugs and medication to the residents prior
to nurses' involvement in the area.
MANAGEMENT'S ARGUMENTS:
4. 1. A revised salary scale was negotiated and agreed with the
Union in respect of assistant nurses at Saint Mary's as
recently as 1982. It is Management's view that the new scales
which emerged from this revision represent very reasonable
rates and that this view was also accepted by the Union in
1982.
2. The duties of the assistant nurses in Saint Mary's are
varied (details supplied). The assistant nurse is directly
responsible to the staff nurse and while acknowledging that
there are many responsibilities attached to the post, it must
be pointed out that no professional qualification is required.
3. Any modification of the existing pay arrangements would be
very difficult to justify, particularly to staff nurses and
ward sisters who bear significantly greater responsibility
than the claimants. In addition, concession of the claim
could have serious repercussive effects.
4. The Department of Health would not approve any alteration
in the scale agreed in 1982 and consequently Management could
not consider concession.
RECOMMENDATION:
5. The Court, having considered the submissions from both
parties, is not satisfied that the claimants are incorrectly
graded.
The Court accordingly rejects the claim for the re-grading of the
claimants to the grade of House Parent.
~
Signed on behalf of the Labour Court
Evelyn Owens
________________________
11th May, 1988. Deputy Chairman
D.H./J.C.