FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AOIBHNEAS WOMEN'S REFUGE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. (1) Grading structure, (2) Levels of pay, (3) Staff numbers and (4) Security.
BACKGROUND:
2. The refuge provides crisis counselling, accommodation, support and information for women and their children who are forced to leave home because of domestic violence. Since 1988 the refuge has operated from two flats in Ballymun which could accommodate four families. Due to increased demand for its services the Management Committee, which is a voluntary body, approached the Eastern Health Board for partial funding to construct a new 10-unit refuge. The new refuge was completed in October, 1996 in Coolock. The Union states that the Eastern Health Board refused to negotiate pay and conditions of employment with the Union. The Management Committee, therefore, negotiated an annual budget, a grading structure and pay rates with the Health Board. The Union then informed the Committee that the staff could not accept the proposed grading structure, levels of pay offered, staff numbers and security arrangements. The staff refused to relocate from Ballymun to Coolock until all of the issues had been resolved.
The dispute was the subject of conciliation conferences under the auspices of the Labour Relations Commission on the 18th November, 1996 and the 9th December, 1996. It was then agreed that staff would transfer under protest while the issues in dispute were referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 17th February, 1997.
UNION'S ARGUMENTS:
3. 1. Grading structure:- The proposed grading structure and numbers of staff are insufficient to meet the demands of the new ten-family unit in Coolock. The larger unit would require a staffing structure as follows:- 1 manager/director, 1 deputy manager/director, 5 senior crisis counsellors, 5 crisis counsellors, 2 child care workers and 2 secretary/bookkeepers.
2. Levels of pay:- Crisis counsellors and senior crisis counsellors should be remunerated at the same level as HIV counsellors and senior HIV counsellors, whose duties and responsibilities are less onerous than those of crisis counsellor. All staff who work weekends, overtime and night work should receive premia for same. Clerical staff should be assimilated onto the Grade III scale in line with clerical officers in health boards and local authorities. The manager's post should be equal to that of Health Board team leader and remunerated accordingly.
3. Staff numbers:- The refuge provides a 24 hour service. The increased caseload and additional duties required at the larger unit would require a minimum number of 16 staff, including 10 crisis counsellors, as outlined above at 3.1.
4. Security:- Management has made no provision for a night security person. Two crisis counsellors working at night, one of the busiest times for admissions, would be unable to carry out their full duties in addition to dealing with security in a ten-unit building.
COMPANY'S ARGUMENTS:
4. 1. Grading structure:- After extensive negotiations with the Eastern Health Board it was agreed that 5 senior crisis counsellors and 4 crisis counsellors were sufficient. The existing counsellors who do not receive a senior post will be red-circled to prevent a loss of earnings.
2. Levels of pay:- The levels of pay are dictated by the Eastern Health Board and are not negotiable. Premia for night duty and weekends will be paid when appropriate.
3. Staff numbers:- Initially the Management Committee sought 15 staff for the new refuge but had to agree on a complement of 13 as follows:- 1 manager, 5 senior crisis counsellors, 4 crisis counsellors, 2 child care workers and 1 secretary/bookkeeper. The Eastern Health Board also requires staff to work a 39 hour week.
4. Security:- Management believes that the security arrangements currently in place are adequate. Security cameras with monitors, a panic button linked to the local Garda station, an alarm system, a locked porch area, floodlighting and special glass in windows were discussed and agreed at the design stage. No provision was made in the budget to employ a security person and the Union did not request one until after staffing levels had been agreed.
RECOMMENDATION:
The Court has considered carefully the written and oral submissions made in this dispute. The Court notes that the present situation is still very much transitional, with the Coolock refuge only barely coming into operation as yet.
In these circumstances the Court does not recommend concession of the Union's claims. After 12 months in operation, during which any detail problems of manning, security or otherwise should be ironed out between the parties, the position should be re-examined by the parties again.
The Court does recommend that premium payment for non-standard working times should be made to the red-circled counsellors.
Signed on behalf of the Labour Court
Evelyn Owens
28th February, 1997______________________
D.G./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.