Labour Court Database __________________________________________________________________________________ File Number: CD91549 Case Number: LCR13484 Section / Act: S26(1) Parties: NATIONAL ASSOCIATION FOR CEREBRAL PALSY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for the introduction of week-end payments to child care assistants.
Recommendation:
5. Both parties agree that when salary scales were last revised
in 1984, the scales then introduced incorporated premia and
overtime payments which had previously applied to week-end
working. The consolidated scales, adjusted for national rounds
have continued ever since.
Having considered the submissions of the parties, the Court does
not consider that grounds have been established to justify the
re-introduction of week-end payments merely on the basis that
other organisations pay such premia as this was so in 1984.
Accordingly the Court does not recommend concession of the Union's
claim.
Division: CHAIRMAN Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91549 RECOMMENDATION NO. LCR13484
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: NATIONAL ASSOCIATION FOR CEREBRAL PALSY
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for the introduction of week-end payments
to child care assistants.
BACKGROUND:
2. The workers concerned are employed at the Association's Marino
Clinic in Bray. In 1988 the Union submitted a claim for the
introduction of weekend payments for the workers concerned in line
with those paid to nursing staff at the clinic. Management
rejected the claim on the grounds that
(1) it was a cost increasing claim and was therefore
precluded by the provisions of the Programme for National
Recovery (P.N.R.)
(2) the Association could not afford the claim
(3) the salary paid to the workers concerned is a
consolidated rate inclusive of unsocial hours premium and
weekend working liability.
In November, 1990, following the expiry of the P.N.R. the Union
re-submitted the claim which Management again rejected. The issue
was referred to the Labour Relations Commission on the 29th May,
1991. A conciliation conference was held on the 26th July, 1991
but no agreement was reached. The issue was referred to the
Labour Court by the Labour Relations Commission on the 15th
October, 1991. The Court investigated the dispute on the 11th
November, 1991.
UNION'S ARGUMENTS:
3. 1. The Union accepts that agreement was reached in 1984
absorbing the then weekend payment system for Saturday and
Sunday duty into a new salary scale. However in recent times
the general trend has been that premium payments have been
made for both unsocial hours and weekend working. The
employees concerned work every alternate weekend inclusive of
Saturday and Sunday and it is reasonable to expect payment for
these hours. In 1987 the Department of Health authorised all
Health Boards to implement revised payments in respect of
unsocial hours work done by child care workers, as follows:
(a) Premium payment for Saturday work increased from
£1.50 to £3.00.
(b) Sunday premium of £3.00 is replaced by the payment
of double time.
2. Workers in many employments (details supplied to the
Court) who have a liability to work alternate weekends receive
allowances for such rosters. The Labour Court has recommended
in support of similar claims (L.C.R.s 12774, 12872, 12915,
13324 refer).
3. The Agreement of 1984 was concluded against a background
of severe financial constraints on the Association and was an
attempt, at that time, to address the Union's claim for the
establishment of a salary structure in line with similar
grades in the Health Services. Through this exercise a
relationship was established which has now been eroded as a
consequence of the introduction of the new weekend/unsocial
hours payments agreed in the Health Services in 1987. Nursing
staff at the Marino Clinic receive this premium for weekend
working and it is only fair that the workers concerned should
also receive payment.
ASSOCIATION'S ARGUMENTS:
4. 1. In 1984 the parties concluded an agreement on a new salary
scale which provided for a substantial increase across the
board and was an all inclusive scale which made allowance for
shift and weekend working. The scales were negotiated and
agreed with the Union who confirmed acceptance of the new
scale in April, 1984. The rates agreed at that time were
unique to the National Association and were only implemented
after long and involved discussions with the Union.
2. The claim is clearly of a cost increasing nature and is
therefore precluded by the terms of the Programme for Economic
and Social Progress. It was also precluded under the terms of
the P.N.R.
3. The Association is a voluntary organisation operating
within severe financial constraints. The organisation is
experiencing financial difficulties at the present time
(details supplied to the Court) and concession of the claim
would have severe implications for the Association and the
service that it provides.
RECOMMENDATION:
5. Both parties agree that when salary scales were last revised
in 1984, the scales then introduced incorporated premia and
overtime payments which had previously applied to week-end
working. The consolidated scales, adjusted for national rounds
have continued ever since.
Having considered the submissions of the parties, the Court does
not consider that grounds have been established to justify the
re-introduction of week-end payments merely on the basis that
other organisations pay such premia as this was so in 1984.
Accordingly the Court does not recommend concession of the Union's
claim.
~
Signed on behalf of the Labour Court
Kevin Heffernan
_____________________
28th November, 1991. Chairman.
T.O'D./J.C.