FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MARIAN COURT SHELTERED ACCOMMODATION - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Hourly rate of pay.
BACKGROUND:
2. Marian Court, Clonmel, is a complex of self-contained flatlets for 40 elderly persons which was opened in 1983. It is managed by a voluntary management committee and the day to day operation is overseen by sisters of the Order of the Sisters of Charity. The staff consists of 1 full-time and 6 part-time general operatives who carry out various duties including cooking, assisting in the kitchen and dining room, laundry work, cleaning and other household duties. The cost of running the complex is met by weekly contributions from the residents and by a grant from the South Eastern Health Board (SEHB).
At present, the basic rate for employees (including a 2.3% increase offered by the employer) is £3.50 per hour, which the Union is seeking to have increased to £4.00 per hour. The Union claims that the rate of pay is out of line with that of comparators in the public health sector and that the work performed by the claimants deserves a higher rate. Management is prepared to consider a modest increase but indicated that anything more would place an intolerable strain on the finances of the complex. 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 22nd of October, 1997, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation, in Clonmel, on the 9th of December, 1997.
UNION'S ARGUMENTS:
3. 1. The staff at the complex, which receives financial aid from the SEHB, perform the exact same type of duties as employees in similar employment in the Board's hospitals. However, their conditions of employment are inferior and they do not have a pension scheme, sick-pay scheme or Saturday premium payment. Their hourly rate is approximately £2.25 behind their counterparts in comparable employment in the Health Boards.
2. The workers have been reasonable regarding the claim and have demonstrated this by dropping a number of other claims. However, they have waited over a year for the matter to be progressed. They would be prepared to accept what they would consider to be a reasonable increase, with retrospection back to October, 1996.
EMPLOYER'S ARGUMENTS:
4. 1. The level of financial contribution already being made by residents is significant and increased staffing costs will, inevitably, lead to the imposition of higher charges to residents whose sole income, in the vast majority of cases, is the Old Age Pension.
2. The Management Committee has already deferred an increased charge to residents. This is needed in order to fund a Building Maintenance/Improvement Programme. The buildings are now over fifteen years old and in need of considerable improvement.
3. The Management Committee considers that wage rates pertaining in Marian Court compare favourably with wages applying locally for similar type of work.
4. To meet the cost of introducing double pay for Sundays, implementing the existing offer of 2.3% on the hourly rate and the first phase of the increase under Partnership 2000, will cost approximately £3,750.00 per annum. This will lead to a £2.00 per week increase in the contribution from each resident.
RECOMMENDATION:
Having considered the submissions from the parties, the Court recommends that the hourly rate of the claimants be increased to £3.75 per hour from 1st April 1997 and the first phase of Programme 2000 be added from the due date, i.e., 1st July, 1997.
Signed on behalf of the Labour Court
Evelyn Owens
16th of December, 1997______________________
M.K./S.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.