FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT OF HEALTH/CHILD CARE HOMES (REPRESENTED BY HSEA) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Assimilation onto proposed revised scales.
BACKGROUND:
2. There are currently 72 residential managers in the country. They are employed directly by the Health Boards or by organisations funded through Health Boards under the Child Care Act, 1991. The work of residential managers is to manage residential homes catering for children and includes financial, staff and general management of the homes.
In December, 1996, Management put forward a proposal which provided for a restructuring of the salary of residential managers into 3 scales. At present there are 8 salary scales. The Union, which represents 53 managers, is seeking assimilation onto the revised salary scales on the basis of the corresponding points. Management is proposing that assimilation will be on the basis of the nearest point of the appropriate scale and not below.
The current salary scale for managers with less than 30 children in care is a 5 point scale, ranging from £19,127 to £21,399. Managers with over 30 children also have a 5 point scale which ranges from £21,617 to £24,421. The proposed new scales all comprise 6 points as follows:
Category 1 £23,000 to £25,600
Category 2 £24,000 to £26,900
Category 3 £25,100 to £28,100
The original salary scale for residential managers came about in 1987. It provided for the application of Grade V salary for managers of centres with less than 30 children and Grade VI for managers with more than 30 children. The issue of a pay review for managers was first raised by the Union in 1992.
The issue of salary and restructuring of the residential managers was first referred to conciliation in July, 1995, and again on the 18th of November, 1997. At the latter conciliation conference, the issue of assimilation to the new salary scales could not be agreed, and the dispute was referred to the Labour Court on the 20th of November, 1997, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th of December, 1997.
UNION'S ARGUMENTS:
3. 1. The work of the residential managers has greatly increased since the early 1990's, particularly following the implementation of the Child Care Act, 1991. Labour Court Recommendation No. 15515, which dealt with the maintenance of pay links between paramedics and the nursing grades, improved the pay of both social workers and houseparent grades, but did not benefit the residential managers.
2. If Management's proposals were accepted, it would mean all managers in Category 1 would start on the lowest point. Managers in Category 2 would be on the first or second point. Only 4 managers qualify for Category 3. This would result in managers currently on the minimum point assimilating to the same point as someone currently on the maximum, for managers in Category 1. This is unfair to someone with long service. When the present salary scales were introduced in 1987, assimilation was on the basis of corresponding points.
DEPARTMENT'S ARGUMENTS:
4. 1. Management's proposals will provide substantial benefits for the residential managers. With a total of £380,000 divided between 72 managers, this will mean an average increase of approximately £5,000 per manager per annum. The new grade structure gives an enhanced salary and career structure. If the Union's claim was met it would mean an additional £150,000 per annum which the Department cannot afford. £338,000 of the total cost was to have been met from the Childrens' Development expenditure, which was not normal practice. The assimilation offered by the Department is not unusual. The residential managers have been treated fairly.
RECOMMENDATION:
The Court, having considered the written and oral submissions made by the parties, recommends as follows:-
(1) Assimilation to be on the basis of the nearest point on the appropriate
scale plus one increment.
(2) The Union to accept the management offer to examine individual cases
raised.
Signed on behalf of the Labour Court
Finbarr Flood
16th February, 1998______________________
C.O'N./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.