Labour Court Database __________________________________________________________________________________ File Number: CD9335 Case Number: LCR14052 Section / Act: S26(1) Parties: KILKENNY SOCIAL SERVICES - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION |
Application of Social Worker (Health Board) pay rates.
Recommendation:
5. The Court having considered the views expressed by the parties
in their oral and written submissions considers there are grounds
for the introduction of incremental scales which have a defined
relationship with the Health Board.
The Court notes that the rates of pay, while different, had a
ratio which remained constant up to recent times when increases in
pay in the Health Board had increased the difference between the
employees of Kilkenny Social Services and comparable employees in
the Health Board.
The Court does not recommend the implementation of the Health
Board rates of pay but is of the view that the employees are
entitled to pay rates appropriate to their qualifications and
service.
Accordingly the Court recommends that the parties agree
incremental scales having a defined relationship with the scales
applicable in the Health Board.
The parties should agree these scales as soon as possible.
In making this recommendation the Court is cognisant of the
financial constraints of the Social Services. The Court, however,
is of the view that the employees concerned in this dispute are
carrying out work of considerable value to the community and their
remuneration package should adequately reflect this.
To this end the Court would urge the parties to separately or
jointly seek discussions with the funding agencies in an endeavour
to offset the cost of implementing the incremental scales.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD9335 RECOMMENDATION NO. LCR14052
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: KILKENNY SOCIAL SERVICES
and
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Application of Social Worker (Health Board) pay rates.
BACKGROUND:
2. The workers concerned are employed by Kilkenny Social Services
as Social Workers. Kilkenny Social Services (K.S.S.) is a
voluntary organisation partly funded by the South Eastern Health
Board (S.E.H.B.), the diocese of Ossory and various small grants.
It is administered by a voluntary board of management with an
executive director, appointed by the diocese. The work of the
organisation is based on the needs of families and individuals in
crisis situations within the community. In addition the
organisation operates and staffs an adoption and counselling
agency, a meals on wheels service, a pre-school for traveller
children and other family support services.
In late 1990, the Union submitted a claim on behalf of the workers
concerned for rates of pay similar to the rates of pay of social
workers employed by the S.E.H.B. Local level discussions took
place but no progress was made and the matter was referred to the
Labour Relations Commission. A conciliation conference held on
16th April, 1991 was adjourned to allow for examination of
funding. In early 1992, further local level discussions took
place at which the K.S.S. agreed to increase all points of the
social workers' pay-scale by 12.50% inclusive of the 3% due under
the terms of the Programme for Economic and Social Progress
(P.E.S.P.), but refused to place the workers concerned on the
scale of social workers employed by the S.E.H.B..
A further conciliation conference took place on 22nd September,
1992 but no progress was made and the matter was referred to the
Labour Court on 8th January, 1993. The Labour Court hearing took
place on 24th of February, 1993.
UNION'S ARGUMENTS:
3. 1. The workers concerned are seeking pay rates which have
already been established for the category of work they
perform.
2. The workers concerned perform similar work to workers in
similar employment in the S.E.H.B. They should be paid
similar rates of pay.
3. The workers concerned should be placed on the point of the
S.E.H.B. scale of pay appropriate to their qualifications and
length of service.
BOARD'S ARGUMENTS:
4. 1. When K.S.S. employed social workers, the Board of
Management set out terms and conditions of employment based on
finances available from both voluntary subscriptions and
grants from statutory bodies.
2. The Board does not differentiate between professionally
qualified staff and non-professionally qualified staff.
3. There has always been a differential between the pay
scales of K.S.S. staff and health board staff. The
differential was maintained until 1991 when social workers in
the public service received an increase of 27%. K.S.S. were
not able to maintain the differential without a substantial
increase in funding from the State sector.
4. In January, 1992, the Board approved the following:
(1) Pay of the workers concerned increased by 12.50% inclusive
of the 3% due under the terms of P.E.S.P.
(2) Provision of a non-contributory pension for the full-time
social worker staff.
(3) Travel and subsistence allowances to include a rate of 48
pence for the first 3,500 miles and 28 pence for the next
3,500 miles.
The increases in salary were possible because of an increase
in the main grant from the S.E.H.B. of #10,000 in 1991. The
scales and conditions have remained even though the grant
increase was not received in 1992.
5. K.S.S. has no defined right to get any particular level of
grant from statutory sources, including the S.E.H.B.
6. The concession of the Union's claim would undermine
not only the financial position of the organisation but also
its ethos and policy since it was founded 30 years ago.
RECOMMENDATION:
5. The Court having considered the views expressed by the parties
in their oral and written submissions considers there are grounds
for the introduction of incremental scales which have a defined
relationship with the Health Board.
The Court notes that the rates of pay, while different, had a
ratio which remained constant up to recent times when increases in
pay in the Health Board had increased the difference between the
employees of Kilkenny Social Services and comparable employees in
the Health Board.
The Court does not recommend the implementation of the Health
Board rates of pay but is of the view that the employees are
entitled to pay rates appropriate to their qualifications and
service.
Accordingly the Court recommends that the parties agree
incremental scales having a defined relationship with the scales
applicable in the Health Board.
The parties should agree these scales as soon as possible.
In making this recommendation the Court is cognisant of the
financial constraints of the Social Services. The Court, however,
is of the view that the employees concerned in this dispute are
carrying out work of considerable value to the community and their
remuneration package should adequately reflect this.
To this end the Court would urge the parties to separately or
jointly seek discussions with the funding agencies in an endeavour
to offset the cost of implementing the incremental scales.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
___________________
30th April, 1993. Deputy Chairman
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.