Labour Court Database __________________________________________________________________________________ File Number: CD9055 Case Number: LCR12836 Section / Act: S67 Parties: FINGLAS CHILDREN'S CENTRE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of care staff for the payment of qualifications allowances.
Recommendation:
5. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claim.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD9055 RECOMMENDATION NO. LCR12836
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: FINGLAS CHILDREN'S CENTRE
DEPARTMENTS OF EDUCATION AND FINANCE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of care staff for the payment of
qualifications allowances.
BACKGROUND:
2. The Centre caters for boys between the ages of ten and fifteen
years, who are referred by the Courts and Health Boards. The
salary scale of care staff is established at 95% of the teachers
rate. (L.C.R. No's 3873 and 4723 refer). Teaching staff receive
qualifications allowances and at local level the Union made a
claim for the payment of allowances to care staff with relevant
degrees/diplomas on the same basis (i.e. 95% of the teachers
allowances). This was rejected by management and on 4th December,
1989 the matter was referred to the conciliation service of the
Labour Court. A conciliation conference was held on 15th January,
1990 at which no progress was made and on 17th January, 1990 the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 12th
February, 1990.
UNION'S ARGUMENTS:
3. 1. It is the practice in many sectors of the public service
to pay either allowances or additional increments to staff who
have gained additional educational qualifications. In the
health service it is the norm to pay diploma/degree allowances
and the Court in L.C.R. No. 6882 extended diploma allowances
to para-medical grades. The principle of paying allowances
has already been established by payments to the teaching staff
(details supplied to the Court). Workers who have taken an
interest in acquiring additional educational qualifications
and who use them for the benefit of their employers should
receive formal recognition in the form of an allowance.
2. In 1985 the Department of Education established that
allowances payable to Heads of Care and Senior Housemasters
for responsibility, should maintain the 95% relationship with
the teaching staff. While management has stated that there
could be repercussive effects through the public sector, this
is incorrect as the only relationships that exist are internal
within the detention centres. The principle established in
the content and spirit of the two previous Labour Court
recommendations maintaining the 95% relationship with the
teaching staff should be upheld and the Union's claim
conceded.
MANAGEMENT'S ARGUMENTS:
4. 1. The payment of degree/diploma allowances is not a common
feature of public service pay. However, allowances are paid
in certain circumstances, where the possession of a particular
qualification over and above the entry requirement to the
grade enables the holder to perform a specialist duty which
s/he would not otherwise be able to perform. However, while
it is desirable it is not essential that care staff hold
degree or diploma qualifications. A care staff member who
holds a degree performs the same duties as a non-graduate
staff member. In addition, care staff are not analogous to
teachers in relation to the entry requirements of the posts
(details supplied to the Court).
2. While certain care staff members are paid allowances based
on 95% of the A and B posts of responsibility allowances paid
to teachers, such allowances are paid in respect of additional
responsibilities assigned. The concession of degree/diploma
allowances to care staff will encourage repercussive claims
elsewhere in the public service. Such allowances are not paid
to care staff members in special schools or in the larger
health area, nor it would appear in the local authority area.
There are numerous graduates in the civil service who are not
in receipt of such allowances. Care staff members who pursue
the child care diploma are adequately compensated, as the
Department pays their course fees and also allows generous
time off. Attention is drawn to the provisions of clause 3.2
of the 1987 Agreement on pay in the public service and the
elaboration of clause 3 dealing with the treatment of claims
for improvements in pay and conditions of service (details
supplied to the Court).
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
____________________________
12th March, 1990. Deputy Chairman
U.M./J.C.