Labour Court Database __________________________________________________________________________________ File Number: CD94220 Case Number: LCR14484 Section / Act: S26(1) Parties: BLINDCRAFT - and - NATIONAL LEAGUE OF THE BLIND OF IRELAND |
Dispute concerning the elimination of a two-tier wage structure and the establishment of a relationship with Eastern Health Board grades.
Recommendation:
Having considered the submissions from the parties the Court is
satisfied that there is merit in the Union's claim for the
elimination of the Two Tier Wage Structure currently in existence.
The Court notes the differences between the parties as to when the
claim was formally or informally lodged. The Court however is
satisfied on the basis of the letter exchanged between the parties
in 1990 that the claim was in existence for some date in that
year.
The claimants concerned came within the scope of the various
National Wage Agreements and the Court must take these agreements
into account when addressing the claim which as stated above it
considers to have merit. The Court also notes that the Union
accept in the financial circumstances of the Company that some
phasing out of the differential may be unavoidable.
Taking all aspects of the claim into account and also the
financial constraints of the League the Court has come to the
conclusion that a fair and equitable settlement of the claim at
this stage is to recommend that the claimants be paid at the same
level as the general Operative Grade in the Eastern Health Board.
The Court accordingly so recommends and as it stated above this
scale should apply from 1st September, 1990 the actual phasing in
and payment of retrospection to be the subject of further
negotiations between the parties.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94220 RECOMMENDATION NO. LCR14484
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BLINDCRAFT
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
NATIONAL LEAGUE OF THE BLIND OF IRELAND
SUBJECT:
1. Dispute concerning the elimination of a two-tier wage
structure and the establishment of a relationship with
Eastern Health Board grades.
BACKGROUND:
2. 1. Blindcraft was established in 1957 to give continued
employment to blind out-workers of St. Joseph's School
for the Blind and the Richmond Institute. The Company
is engaged in the manufacture of top quality beds,
repair work to high quality antique cane furniture and
traditional basket making of a wide variety.
2. The League are seeking the elimination of the two-tier
wage structure that exists in the Company and the
establishment of a relationship with Eastern Health
Board grades. Presently, blind workers serve a four
year apprenticeship on a percentage of the adult rate,
and then move on to the first point of a nine point
incremental scale. The League also pointed out that a
large gap in the rate of pay has developed between
sighted and partially sighted workers performing the
same work. It maintains that this differential occurred
in 1983 when sighted workers achieved linkage with an
appropriate grade in the Eastern Health Board, whereas
partially sighted workers did not.
3. The dispute was referred to the Labour Relations
Commission and conciliation conferences were held on 2nd
March, 1994, 4th March, 1994 and the 21st March, 1994.
The Company offered a #10 per week special pay increase
in line with that granted to non-nursing grades in the
Health Service and stated that future pay increases
would be linked to these grades. The League rejected
this offer as it would have necessitated dropping the
claim for the elimination of the two-tier wages
structure. The dispute was referred by the Labour
Relations Commission to the Labour Court on the 20th
April, 1994. The Court investigated the dispute on the
16th May, 1994.
UNION'S ARGUMENTS:
3. 1. Sighted workers receive a higher rate of pay than
partially sighted workers for doing the same job.
Management, administrative staff and sighted general
workers are on the appropriate wage structure and grade
applicable within the Eastern Health Board.
2. A report by the National Council for the Blind
recommended that a new wage structure be agreed with the
blind work-force.
3. Management and the Department of Health (despite
arguments about financial constraints) allowed two
sighted workers be paid while at home for a period of
three years.
COMPANY'S ARGUMENTS:
4. 1. The workers concerned come within the scope of the
Public Sector Pay Agreements and National Wage
Agreements. Management has offered to implement the
increases under the Programme for Competitiveness and
Work and in addition to apply the special increase
agreed for non-nursing grades in Dublin.
2. The present financial position of Blindcraft is
precarious given the significant level of losses in the
past. The workshop is particularly vulnerable because
of the additional and substantial cost of supporting the
re-introduction of five day working without a sales base
to support it.
3. The pay structure for the group concerned was
established in 1983 and upheld by the Labour Court at
that time. Pay increases provided in subsequent
National/Public Sector Pay Agreements since that date
have been applied.
RECOMMENDATION:
Having considered the submissions from the parties the Court is
satisfied that there is merit in the Union's claim for the
elimination of the Two Tier Wage Structure currently in existence.
The Court notes the differences between the parties as to when the
claim was formally or informally lodged. The Court however is
satisfied on the basis of the letter exchanged between the parties
in 1990 that the claim was in existence for some date in that
year.
The claimants concerned came within the scope of the various
National Wage Agreements and the Court must take these agreements
into account when addressing the claim which as stated above it
considers to have merit. The Court also notes that the Union
accept in the financial circumstances of the Company that some
phasing out of the differential may be unavoidable.
Taking all aspects of the claim into account and also the
financial constraints of the League the Court has come to the
conclusion that a fair and equitable settlement of the claim at
this stage is to recommend that the claimants be paid at the same
level as the general Operative Grade in the Eastern Health Board.
The Court accordingly so recommends and as it stated above this
scale should apply from 1st September, 1990 the actual phasing in
and payment of retrospection to be the subject of further
negotiations between the parties.
~
Signed on behalf of the Labour Court
24th June, 1994 Tom McGrath
P.O.C./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.