Labour Court Database __________________________________________________________________________________ File Number: CD95307 Case Number: LCR14854 Section / Act: S26(1) Parties: CEREBRAL PALSY IRELAND (C.P.I.) (THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION |
Claim for (i) the addition of two increments to the scale for Childcare Workers and (ii) a review of the rate of pay for a Senior Childcare Worker.
Recommendation:
The Court considered the written and oral submissions of both
parties.
Based on the fact that a review of Childcare staff salaries, as
agreed by the parties, never took place, the Court makes the
following recommendation in this case :-
Employees at top of scale to be paid the equivalent of 1 increment
in a once-off cash payment and the other employees to move up 1
increment within the scale.
Division: Mr Flood Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD95307 RECOMMENDATION NO. LCR14854
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CEREBRAL PALSY IRELAND (C.P.I.)
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Claim for (i) the addition of two increments to the scale for
Childcare Workers and (ii) a review of the rate of pay for a
Senior Childcare Worker.
BACKGROUND:
C.P.I. has its headquarters at Sandymount, Co. Dublin, where
there is a school, therapeutic centre and workshop providing
service to children and adults.
Claim (i) concerns six staff who work as assistants in the
classroom and clinic departments. They also provide escort
duty on transport to and from the clinic and carry out other
duties of personal care for children and adults, on the
various programmes. Rates of pay for the Childcare staff
were agreed in 1984, with a review to take place in 2 - 3
years. In 1989, C.P.I. agreed to grant increases, which had
been applied by the Department of Health to its Childcare
scales. The Union is seeking the addition of two increments
to the basic scale on the grounds that the role of the
childcare workers has changed dramatically in recent years
and their level of responsibility has increased. Claim (ii)
is for the review of the rate of pay of a Senior childcare
worker whose differential, the Union claims, is out of line
with comparable employment. At present, the differential
amounts to #500. The Union believes it should be in the
order of #3,000 (at max. of scale).
C.P.I's position is that the claim for the additional
increments for Childcare workers is debarred by the P.E.S.P.
and the P.C. The Company also states that due to its
precarious financial position it could not afford to pay the
increase.
Regarding the Senior Childcare Worker, C.P.I. claims that
this is not a separate grade but that an additional allowance
is paid for additional duties carried out.
The dispute was the subject of a conciliation conference
under the auspices of the Labour Relations Commission, at
which agreement was not reached. The dispute was referred to
the Labour Court, on the 17th of May, 1995, in accordance
with Section 26(1) of the Industrial Relations Act,1990. The
Court investigated the dispute on the 23rd June, 1995.
UNION'S ARGUMENTS:
Increments for childcare workers:
1. The Childcare staff are seeking that two increments, to the
value of #300.00 each, be added to the max. of the salary
scale. Arising from this, Childcare staff would take two
years longer to reach the max. of the scale. The additional
increments are being sought because it is important to keep
good experienced staff in the services and, therefore, the
focus should be on the max. of the scale rather than on the
entry points.
2. The responsibility of Childcare workers in the last ten years
has changed dramatically, particularly in light of the
Childcare Act and the recognition by the State that it has a
statutory responsibility for protection and development of
children. There are increased responsibilities and demands on
Childcare staff. The Childcare staff in Sandymount have
taken on whatever changes or flexibilities were required of
them. The dedication and commitment of the staff has never
been questioned by management.
3. It is understood that C.P.I. has no major objection to
concession of the claim. However, being funded by the
Eastern Health Board means that the organisation is in the
position of being constantly under-funded.
4. The cost of the claim is insignificant and would not exceed
the P.C.W. 3%.
Senior Childcare Worker
1. When the post was established, an allowance was attached to
the scale. The allowance is currently #528.00 per annum.
Since the allowance was established, it has not been
reviewed, nor has it attracted special pay awards. At
conciliation, C.P.I. undertook to look at this situation and
make proposals - this has not happened.
2. The Senior Childcare worker's job has become more onerous as
the demand on the service increases. In addition, if one
compares any basic grade post in the paramedical or
professional area with that of the Senior post, the
difference in pay, at the maximum point is approximately
#2,000 to #3,000 per annum. The allowance is totally out of
line with the norm and should be in the order of #2,000 per
annum. This claim, if granted would have no repercussive
effects on any other organisation, because this grade, in
other organisations, is paid significantly higher.
COMPANY'S ARGUMENTS:
1. The claim for additional points on the Childcare scale and
the review of the Senior Childcare Assistant rate are
precluded by the terms of the P.C.W. in that both are
cost-increasing.
The rate agreed with the Union in 1984 has been considerably
improved upon by the application of the special increases
awarded to non-nursing staff in the Health Boards in 1989 and
1991, resulting in a 16% increase in addition to those
applicable under the national wage agreements.
2. Cerebral Palsy Ireland is not in a position to increase its
employment costs in its present financial circumstances. The
Health Board has clearly indicated that it will not sanction
such an increase (details supplies) and has requested C.P.I.
to advise of cost savings to be implemented this year.
3. In relation to the claim for a review of the rate of pay of
the Senior Childcare Assistant, the same restrictions apply
with regard to the cost of conceding such a claim and the
fact that it is precluded by the P.C.W. The role of the
Senior Childcare worker is not a separate position from that
of the other Childcare staff, but comprises an integral part
of the childcare team.
RECOMMENDATION:
The Court considered the written and oral submissions of both
parties.
Based on the fact that a review of Childcare staff salaries, as
agreed by the parties, never took place, the Court makes the
following recommendation in this case :-
Employees at top of scale to be paid the equivalent of 1 increment
in a once-off cash payment and the other employees to move up 1
increment within the scale.
~
Signed on behalf of the Labour Court
4th August, 1995 Finbarr Flood
M.K./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.