Labour Court Database __________________________________________________________________________________ File Number: CD90127 Case Number: LCR12891 Section / Act: S67 Parties: BELMONT PARK HOSPITAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for a revised salary scale and retrospection payment for the post of Assistant Director of Residential Care.
Recommendation:
4. The Court has fully considered the oral and written
submissions of the parties. The Court recommends the issue in
dispute be resolved as follows:-
That the claimant be paid at the maximum of the Charge Nurse/Ward
Sisters scale #15,173 per annum and that he be paid an ex gratia
payment of #1,200.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD90127 RECOMMENDATION NO. LCR12891
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BELMONT PARK HOSPITAL
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for a revised salary scale and
retrospection payment for the post of Assistant Director of
Residential Care.
BACKGROUND:
2. The worker concerned has been employed as Assistant Director
of Residential Care, at Belmont Park Hospital, Waterford since
31st May, 1976. His present salary scale is equivalent to that
applying to a Deputy Charge Nurse in the Psychiatric services
(#12,871 x 6 increments - #14,541). He is also in receipt of
premium payments in the region of #2,000 p.a. The issue
concerning the status and salary scale of the worker concerned was
the subject of a Labour Court hearing in 1989 (L.C.R. 12493
refers). The Court found in favour of the worker on the status
issue and recommended that the parties have further discussions on
the appropriate salary for the post. In these discussions the
Union claimed that the salary scale for the worker concerned be
linked to that of Assistant Director of Nursing (Salary scale
#13,233-#15,683) and that he be placed at the maximum point of
this scale i.e. #15,683 and that the question of retrospection
also be considered in view of the long service of the worker. The
Union argued that the Assistant Director of Nursing at
Castlepollard was on a salary of #15,683 and viewed this post as a
favourable comparator. Management rejected the claim on the
grounds that Castlepollard was a larger hospital and the Director
there had a wider range of responsibilities. Local discussions
and a conciliation conference held on the 15th March, 1990 failed
to resolve the dispute which was referred to the Labour Court on
the 20th March, 1990. A Court hearing was held in Waterford on
the 8th May, 1990.
UNION'S ARGUMENTS:
3. 1. The salary of the worker concerned is currently linked to
that of Deputy Charge Nurse (#14,541). This scale does not
reflect his position, or the responsibilities that go with the
post of Assistant Director of Residential Care.
2. There is an established 9 point salary scale (details
supplied to the Court) for the grade of Assistant Director of
Mentally Handicapped services, the post in which the worker
is employed. This is the salary paid in the case of the
Assistant Director, St. Peter's Centre, Castlepollard which is
directly under the control of the Midland Health Board and
which is an appropriate comparator for this post. As the
worker has held this position in a permanent capacity since
1976, he should be placed on the top point of this scale i.e.
#15,683. The Union is also claiming that retrospection be
paid considering the length of service of the worker
concerned.
HOSPITAL'S ARGUMENTS:
4. 1. The current management structure of the Mental Handicapped
Services consists of three levels,
A. Director of Services,
B. Director of Residential Care (temporary),
C. Assistant Director Residential Care (permanent)
Assistant Director Residential Care (temporary),
staff nurses and assistant care staff.
The Management structure was introduced at a time when the bed
complement in the Mental Handicapped Services at Belmont Park
was considerably in excess of current levels. In recent years
there has been a dramatic decline in residential bed numbers
arising from a move to community care. For example in June,
1988 there were 71 persons in residential care, whereas
at present there are 54 as the move to the community
continues. A review is at present being undertaken in the
Hospital to ensure that an appropriate management structure is
in place to meet the needs of the evolving services.
2. A survey of the management structure in other mental
handicap services would indicate that a three level management
structure is in place consisting of:-
1. Director of Nursing,
2. Assistant Director of Nursing,
3. Supervisor Grade (generally a Ward Sister/Junior
Ward Sister).
The Union is seeking to place the worker concerned at level 2
in this structure. Management rejects this as being
inappropriate to Belmont Park. It should be noted that
numbers of people in residential care in other centres such as
Castlepollard range from 118-300. This is considerably higher
than numbers at Belmont Park. The present post of the worker
concerned has qualified for special pay increases amounting to
6% since 1989. Furthermore the Irish Nurses Organisation on
behalf of all unions has lodged a further claim for a major
review of the pay and differentials structure of nurses. The
present claim should, therefore, be held in abeyance pending
the outcome of such a review.
3. Management feels that the current remuneration for the
post of the worker concerned is appropriate for the
residential service. The current management structure is not
out of line with that applying in other centres for persons
with a mental handicap, and must be considered in the context
of declining residential numbers in Belmont Park.
RECOMMENDATION:
4. The Court has fully considered the oral and written
submissions of the parties. The Court recommends the issue in
dispute be resolved as follows:-
That the claimant be paid at the maximum of the Charge Nurse/Ward
Sisters scale #15,173 per annum and that he be paid an ex gratia
payment of #1,200.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________________
1st June, 1990. Deputy Chairman
T.O'D/J.C.