Labour Court Database __________________________________________________________________________________ File Number: CD90327 Case Number: LCR13078 Section / Act: S67 Parties: FINGLAS CHILDREN'S CENTRE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of 28 Care Staff (Housemasters) for the payment of long service increments.
Recommendation:
5. Having considered the submissions from the parties and taking
into account the fact that the rate of pay for the claimants has
been determined traditionally as a percentage of the teachers rate
the Court recommends that the Union's claim be conceded and that
the 96% relationship be extended to include the long service
increments claimed and be implemented in accordance with the terms
of Clause 3 of the Agreement on Pay in the Public Service.
Division: CHAIRMAN Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD90327 RECOMMENDATION NO. LCR13078
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: FINGLAS CHILDREN'S CENTRE
DEPARTMENT OF EDUCATION
DEPARTMENT OF FINANCE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of 28 Care Staff (Housemasters)
for the payment of long service increments.
BACKGROUND:
2. The Finglas Children's Centre, which is comprised of St.
Michaels Remand and Assessment Unit and St. Laurence's Industrial
School, is a centre which caters for young offenders who are
referred by the Courts and Health Boards. The Care Staff grade
have an established pay relationship with teachers in national
schools (Care Staff are paid 96% of the common basic scale for
teachers). In 1980, the Review Body on Teachers' Pay recommended
that an additional three "long phased" increments be added to the
teachers' scale with effect from 1st September, 1980. The Union
lodged a claim for long service increments for Care Staff in line
with those paid to teachers. The claim was rejected at local
level and on 7th November, 1988, the issue was referred to the
conciliation service of the Labour Court. No agreement was
reached at conciliation conferences held on 23rd January, 1989 and
21st May, 1990, and the matter was referred to the Labour Court on
28th May, 1990, for investigation and recommendation. The Court
investigated the dispute on 4th October, 1990, (the earliest date
suitable to the parties).
UNION'S ARGUMENTS:
3. 1. There is an established pay relationship between Care
Staff and teachers. The introduction of the long service
increments for teachers has distorted that relationship.
2. Management have argued that because there is different
entry requirements to each grade there is no merit in the
claim. The Union believes that this argument is unsustainable
since current entry requirements are exactly the same as those
existing when the pay relationship was originally established.
(L.C.R.'s 3873 and 4723 refers). Educational qualifications
of Care Staff have in fact been raised by staff taking extra
diploma and degree courses and the generally higher level of
education among students. Indeed, in a recent advertisement
for staff in similar institution, applicants were requested to
have a Leaving Certificate and a desirable professional
qualification (details provided to the Court).
3. The type of person being detained and assessed at the
Centre is completely different from when the Centre was
originally established. The Care Staff have had to adjust and
update their skills and knowledge to carry out their duties.
As a result the posts have become very specialised and
demanding on the staff.
4. The Union considers that the staff involved in this
claim have suffered this anomaly over a long period of time.
This should be rectified through the payment of long service
increments to the Care Staff concerned.
MANAGEMENT'S ARGUMENTS:
4. 1. The long service increments were recommended for
teachers because of the unique features of that profession.
The Review Body had regard to the salaries of those groups
with comparable professional qualifications. The Review Body
also recommended the increments to take account of their view
of the importance of senior teachers and the commitment
required of them. The relative lack of promotional outlets in
the profession was also a consideration.
2. Care Staff enjoy better promotional opportunities than
their teaching colleagues. In the Centre, teachers have a one
in five promotional opportunity whereas Care Staff have a one
in three opportunity. Indeed, a number of promotional posts
which were offered to Care Staff were not taken up by them.
Care Staff also have opportunities for additional earnings
through weekend working. It is estimated that this is worth
approximately 15% of basic wages.
3. Teachers must undertake a long academic course finishing
with a degree before they are qualified to teach. Care Staff
on the other hand require a Leaving Certificate or equivalent
for entry to the care service. No prior training is
necessary.
4. The Court in Recommendation No. 4723 was satisfied that
Care Staff had a 'general relationship' with teachers. That
this relationship is a general one is borne out by the fact
that the Court, in Recommendation No. 12836, rejected a claim
for degree/diploma allowances based on those payable to
teachers.
5. If the Union's claim is conceded it could lead to
repercussive claims elsewhere in the public service,
particularly in the teaching area, as less qualified staff
would now be paid on the same basis as teachers.
6. Care Staff in the Centre are well paid compared with
Childcare workers employed by Health Boards. Pay rates in the
educational field usually take the lead from the larger Health
Board and Local Authority area.
4. 7. While it is considered that the claim has no merit and
should be rejected, attention should be paid to Clause 3.2 of
the 1987 'Agreement on Pay in the Public Service' which deals
with the treatment of claims for improvements in pay and
conditions of service.
RECOMMENDATION:
5. Having considered the submissions from the parties and taking
into account the fact that the rate of pay for the claimants has
been determined traditionally as a percentage of the teachers rate
the Court recommends that the Union's claim be conceded and that
the 96% relationship be extended to include the long service
increments claimed and be implemented in accordance with the terms
of Clause 3 of the Agreement on Pay in the Public Service.
~
Signed on behalf of the Labour Court
Evelyn Owens
15th November, 1990 -------------
B O'N/U.S. Deputy Chairman