FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DAY CARE NURSERY MANAGEMENT COMMITTEE (D.C.N.M.C.) (REPRESENTED BY HEALTH SERVICE EMPLOYERS AGENCY) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Pay scales.
BACKGROUND:
2. In 1994 the Department of Education established an "Early Start" project for pre-school children who come from homes where there are domestic difficulties. It is fully funded by the Department of Education.
The Union states that the claimants in this case are employees of Day Care Centres (20) mainly in Dublin and which operate under the same general principles and curriculum as the Early Start project. The main source of funds for Day Care Centres come from the Eastern Health Board (90% funding) and the employer in each case is the Centre itself. There are 120 staff covered by the claim i.e. 20 managers and 100 childcare workers.
The Union's claim is for parity with Early Start Childcare Assistants employed by the Department of Education and is quantified as follows:-
Nursery Care Workers Health Board- Clerical Administrative Grade 3 + 15%
Nursery Managers Health Board- Clerical Administrative Grade 5 + 15%
The Irish Productivity Centre (IPC) was commissioned to carry out an evaluation report on the claim. In April, 1997, the IPC published its report. It found that the work carried out by Day Care Workers was at least equivalent to that of workers in the Early Start programme. The IPC found that the managers' work merited a grading at least 2 grades higher than that of the Day Care Worker grade.
Management rejected the claim. It claims that the percentage increase sought is unrealistic and unjustified. The table below sets out the level of increase being sought:-
Current Salary Claim Cash Increase Percentage
Increase
Manager £12,888 £24,719 £11,831 +92%
Child Care Worker £10,385 £15,685 £5,300 +51%
Management (D.C.N.M.C) accepts that a review of the pay structure for Nursery Staff is justified. It has proposed a joint review (Management/Union) assessment in the context of Health Board structures which would have a definite relevancy and would be more likely to yield a workable solution.
The Union rejected the proposal of a joint Management/Union review of the pay structures for nursery staff. It claims that an independent review had already taken place and its findings could not be ignored.
As no agreement was possible between the parties, the dispute was referred to the Conciliation Service of the Labour Relations Commission. Conciliation conferences were held on the 30th January, 1997 and 10th July, 1997 but no agreement was reached. The dispute was referred to the Labour Court on the 10th July, 1997 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 7th October, 1997.
UNION'S ARGUMENTS:
3. 1. The Union is seeking a substantial increase in pay for its members to bring them into line with care workers employed by the Department of Education.
2. The workers concerned have not benefited from increases awarded under the various national agreements.
3. The Union wants the pay anomaly which currently exists between workers employed on the Early Start scheme and those employed in the Day Nursery scheme rectified immediately.
4. The IPC report established that the work carried out by the Day Care Workers was equivalent to the work done by staff in the Early Start programme.
COMPANY'S ARGUMENTS:
4. 1. The nurseries operate autonomously and are independent of the Eastern Health Board in relation to their day to day operation.
2. The nursery staff are employees of the individual D.C.N.M.C. and are not employees of the Eastern Health Board.
3. Management do not accept the IPC report as it considered gradings and structures outside of the Health Service. Funds are not available to cover the cost of the claim.
4. There would be serious knock-on effects if this claim was conceded.
5. Management has proposed a joint Union/Management assessment in relation to pay in the context of current Health Board structures. The review would be completed within a realistic time-frame.
RECOMMENDATION:
In considering this dispute the Court has had regard to the time it has taken to process the claim prior to the hearing. In particular the Court felt obliged to take into consideration the report of the I.P.C. which was commissioned by the parties on the proposal of the Labour Relations Commission. The Court notes that although invited to participate in this exercise the Eastern Health Board did not avail of the invitation. The Management side are now proposing a joint Union/Management study.
In all the circumstances and having carefully studied the I.P.C. Report and the submissions from the parties the Court recommends as follows:-
(1) Nursery Care Workers:- The IPC report states that, inter alia, the grade of child care worker in the Day Care Centre is at its least obviously equivalent to that attributed to a day care worker in the Early Start project. This latter grade is currently paid at Clerical Administrative Grade 2 level and is subject of a claim to have the C.A. restructuring deal applied which will have the effect, if concluded, of regrading them to Grade 3. The Court recommends that from 1st January, 1997 the claimants in this grade be paid the same as the Early Start workers. i.e. Grade 2 and assimilation to Grade 3 when and if applicable.
(2) Nursery Managers:-
The I.P.C. report suggests these workers be paid 2 grades above the Nursery Care Workers. The Court is not fully satisfied with this recommendation and accordingly recommends that (1) the Nursery Managers be paid on the appropriate point of the Grade 4 scale from the 1st January, 1997 and the Management proposal of a joint Union/Management review be agreed for the purpose of examining the validity of placing these employees on the Grade V scale or otherwise.
Signed on behalf of the Labour Court
Evelyn Owens
22nd October, 1997______________________
L.W./U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.