Labour Court Database __________________________________________________________________________________ File Number: CD89847 Case Number: LCR12844 Section / Act: S67 Parties: ST. NICHOLAS SCHOOL, BALLINA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning rates of pay and conditions of employment for 3 members of staff.
Recommendation:
8. On the basis of the evidence submitted to it the Court is
satisfied that it would not be correct to deal with this claim in
isolation from other issues in the school which need to be
addressed.
Accordingly the Court recommends that the three parties directly
involved i.e. Board of Management, Western Care Association and
the claimants representatives immediately arrange to examine the
future levels of the support staff required in the School. This
examination should include the number and categories of staff
required and the pay and conditions which should apply. The Court
considers that the present claim should be addressed during the
course of this examination.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD89847 RECOMMENDATION NO. LCR12844
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ST. NICHOLAS SCHOOL, BALLINA
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning rates of pay and conditions of employment
for 3 members of staff.
BACKGROUND:
2. St. Nicholas School is a day attendance school for mentally
and physically handicapped children. The school has 28 pupils
ranging in ages from 5 years to 18 years of age. The workers
concerned are employed to help look after the physical needs of
the children as well as some domestic duties (details supplied to
the Court). There are 2 teachers and a teachers aid employed and
paid by the Department of Education. Up until mid 1989 the School
was funded by the Western Care Association who paid the workers
concerned #151, #176 and #187 per week respectively for a 37.50
hours working week.
3. In mid 1989 the Western Care Association withdrew from funding
and handed the school over to a Board of Management. The School
is now funded from a special trust fund which is administered by
the Western Care Association. The workers concerned were made
redundant in June, 1989. They were re-employed from September,
1989 at a rate of #129 a week. They are now employed on a week to
week basis.
4. The Union lodged a claim on behalf of the 3 workers for an
increase in pay to #175 a week and improvements in their
conditions of employment. The Board, while sympathetic to the
claim, had to reject it because of insufficient funding. The
matter was referred to the conciliation service on 12th October,
1989. A conciliation conference was held on 16th November, 1989.
As no agreement was reached the parties consented to a referral to
the Labour Court for investigation and recommendation. A Court
hearing was held in Castlebar on 28th February, 1990.
UNION'S ARGUMENTS:
6. 1. The workers concerned are still carrying out the same list
of duties (details supplied to the Court) and working in the
same location for less money. They were given to understand
that their wages would be brought into line with that of
Western Care from January, 1990 and they were asked to work
for the lower wage until December, 1989.
2. The conditions under which the staff work are most
stressful but they are prepared to continue with these
conditions despite not getting the promised increases.
MANAGEMENT'S ARGUMENTS:
7. 1. The Board of Management are the employers of the workers
concerned but are not the paymasters.
2. Western Care recommended the present rate of pay. The
Board would like to be more generous in regard to the pay and
conditions of staff as it wishes to retain them because of
their experience, suitability and commitment to the children
and school. However it is not in a position to do so.
RECOMMENDATION:
8. On the basis of the evidence submitted to it the Court is
satisfied that it would not be correct to deal with this claim in
isolation from other issues in the school which need to be
addressed.
Accordingly the Court recommends that the three parties directly
involved i.e. Board of Management, Western Care Association and
the claimants representatives immediately arrange to examine the
future levels of the support staff required in the School. This
examination should include the number and categories of staff
required and the pay and conditions which should apply. The Court
considers that the present claim should be addressed during the
course of this examination.
~
Signed on behalf of the Labour Court
Evelyn Owens
___________________________
14th May, 1990. Deputy Chairman
M.D./J.C.