Labour Court Database __________________________________________________________________________________ File Number: CD89832 Case Number: LCR12744 Section / Act: S67 Parties: ST. JOSEPH'S CHILDRENS GROWTH AND DEVELOPMENT CENTRE - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim, by the Union, for the introduction of a pension scheme.
Recommendation:
5. In the first instance the Court wishes to state that in its
view the employees concerned in this claim are entitled to the
benefits of a pension scheme.
Secondly the Court notes that the employers concerned in the claim
accept that entitlement in principle.
The dispute concerned the manner in which a pension scheme is
introduced and funded. The Court notes the proposals from the
Department of Health to extend the provisions of the Local
Authorities Superannuation Scheme to the workers herein concerned
by way of a provision in the Childrens Bill at present under
consideration by the Houses of the Oireachtas.
The Court considers that the application of the above named
superannuation scheme is a reasonable response to the claim
provided it can be applied without delay. The Court notes
management's willingness to have discussions locally on any extra
requirements which may need to be addressed.
The Court accordingly recommends that the parties request the
Minister for Health to ask the Minister for the Environment to
extend the provisions of the Local Authorities Superannuation
Scheme to the claimants by envoking the appropriate statutory
method, and when individual benefits under the scheme are
established that local discussions take place with a view to
examining what additional arrangements (as necessary) can be
agreed.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89832 RECOMMENDATION NO. LCR12744
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ST. JOSEPH'S CHILDRENS GROWTH AND DEVELOPMENT CENTRE
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim, by the Union, for the introduction of a pension scheme.
BACKGROUND:
2. St. Joseph's Childrens Growth and Development Centre is a
private residential home for socially deprived children. The
employees are employed by the Irish Christian Brothers but all
expenditure is approved and administered by the Western Health
Board (W.H.B.). The child care workers employed are paid the same
rates as would apply had they been direct employees of the W.H.B..
There is no contributory pension scheme in operation at the
Centre. When the Union made a claim for such a scheme in 1987 it
was favourably received by the management of the Centre who
requested the Irish Pensions Trust (I.P.T.) to formulate proposals
for a contributory pension scheme. The I.P.T. proposals were
broadly agreed by the W.H.B. who requested funding of #12,000 per
annum from the Department of Health. However the Union rejected
the I.P.T. Scheme and put forward an alternative scheme formulated
by Pensions Investments Consultants. In the meantime a Childcare
Bill came under discussion in the Dail. There is an expectation
that the Bill will provide for the application of a public service
type superannuation scheme to all voluntary bodies who do not have
a pension scheme. The Centre claims that when a pension scheme is
approved under the Bill it will be offered to the workers
concerned and is not now prepared to implement an independent
pension scheme. The Union is not in favour of implementation of a
public service type superannuation scheme and claims its proposals
for an independent pension scheme should be implemented. As no
agreement was reached at local level the matter was referred on
15th September, 1989 to the conciliation service of the Labour
Court. A conciliation conference was held on 3rd November, 1989
at which no agreement was reached. The matter was referred on 6th
November, 1989 to a full hearing of the Labour Court which took
place on 6th December, 1989 in Galway.
UNION'S ARGUMENTS:
3. 1. The Childcare Bill has been very controversial and there
are on-going difficulties with it. There may be a significant
delay before the Bill is passed into legislation. In the
meantime time is being lost by the workers concerned.
2. Two local childcare organisations who are funded by the
W.H.B. have agreed pension schemes which are different to the
public service superannuation scheme. They are run along the
same lines as the one proposed by the Union.
3. The administration of St. Joseph's have an obligation to
provide a pension scheme as a normal condition of employment.
If funding cannot be got from the W.H.B. then they should fund
it themselves. They have the ability to pay for their part of
the Scheme from their own resources.
4. The workers concerned feel that if they contribute
substantially to a pension scheme they should have control
over it. The public service superannuation scheme does not
afford this facility and the workers concerned are not in
favour of it. The I.P.T. scheme is deficient and the pension
scheme proposed by the Union should be introduced.
CENTRE'S ARGUMENTS:
4. 1. There is an all-party Dail Committee currently meeting on
a weekly basis to expedite the passing of the Childcare Bill
which will have enshrined in it a pension scheme. It will be
available to all employees of children's residential centres
on the same basis that applies to health board staff. When
approval of the pension scheme is received it will be offered
to the workers concerned.
RECOMMENDATION;
5. In the first instance the Court wishes to state that in its
view the employees concerned in this claim are entitled to the
benefits of a pension scheme.
Secondly the Court notes that the employers concerned in the claim
accept that entitlement in principle.
The dispute concerned the manner in which a pension scheme is
introduced and funded. The Court notes the proposals from the
Department of Health to extend the provisions of the Local
Authorities Superannuation Scheme to the workers herein concerned
by way of a provision in the Childrens Bill at present under
consideration by the Houses of the Oireachtas.
The Court considers that the application of the above named
superannuation scheme is a reasonable response to the claim
provided it can be applied without delay. The Court notes
management's willingness to have discussions locally on any extra
requirements which may need to be addressed.
The Court accordingly recommends that the parties request the
Minister for Health to ask the Minister for the Environment to
extend the provisions of the Local Authorities Superannuation
Scheme to the claimants by envoking the appropriate statutory
method, and when individual benefits under the scheme are
established that local discussions take place with a view to
examining what additional arrangements (as necessary) can be
agreed.
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Signed on behalf of the Labour Court
Evelyn Owens
_________________________
8th February, 1990. Deputy Chairman
A.S./J.C.