Labour Court Database __________________________________________________________________________________ File Number: CD94237 Case Number: LCR14530 Section / Act: S26(1) Parties: CEREBRAL PALSY IRELAND - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning rates of pay.
Recommendation:
The Court has considered the submissions from the parties and the
background to the claim made by the Union. The Court is
sympathetic to the claim as made. However, the Court is also
bound by the restrictions contained in the relevant national wage
agreements.
Taking into account the nature of the employment the Court has
concluded that the claimants should have pay parity with similar
employees in Cerebral Palsy Ireland at Sandymount, the above
recommended increase to be implemented with effect from 1st
July, 1994.
Division: Ms Owens Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94237 RECOMMENDATION NO. LCR14530
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CEREBRAL PALSY IRELAND
(MARINO CLINIC BRAY)
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning rates of pay.
BACKGROUND:
2. 1. In June, 1993, the Union sought an increase in the
workers' rates of pay, claiming they were out of line
with those paid to domestic staff in other institutions
and in particular the Sandymount branch of the
organisation. It sought the implementation of full
Health Board rates of pay for the domestic staff. The
Organisation rejected the claim. The dispute was
referred to the Labour Relations Commission and a
conciliation conference was held on 6th December, 1993.
Agreement could not be reached and the dispute was
referred by the Labour Relations Commission to the
Labour Court on 26th April, 1994. The Court
investigated the dispute on 5th July, 1994.
UNION'S ARGUMENTS:
3. 1. The child care workers in the Clinic received a wage
increase following a wage review in 1989. The domestic
staff have been seeking a similar review for some time.
2. The hourly rate of pay is out of line with many
organisations and institutions including the Sandymount
branch of the Organisation.
3. The Health Board rate of pay for domestic workers is the
appropriate rate of pay.
ORGANISATION'S ARGUMENTS:
4. 1. The Union's claim is of a cost increasing nature and is
precluded by the Programme for Competitiveness and Work.
2. The Organisation is operating under very severe
financial constraints and is unable to concede to a wage
increase.
3. The Health Board will not pay additional funds to cover
the increases claimed.
RECOMMENDATION:
The Court has considered the submissions from the parties and the
background to the claim made by the Union. The Court is
sympathetic to the claim as made. However, the Court is also
bound by the restrictions contained in the relevant national wage
agreements.
Taking into account the nature of the employment the Court has
concluded that the claimants should have pay parity with similar
employees in Cerebral Palsy Ireland at Sandymount, the above
recommended increase to be implemented with effect from 1st
July, 1994.
~
Signed on behalf of the Labour Court
4th August, 1994 Evelyn Owens
P.O.C./M.M. __________________
Deputy Chairperson
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.