FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY ASSOCIATION FOR THE MENTALLY HANDICAPPED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Claim for pay increase for childcare workers and Unit Directors.
BACKGROUND:
2. The Galway Association for Mentally Handicapped children was established in 1962 as a voluntary organisation to cater for the needs of children with a mental handicap, in Galway city. It now provides services to approximately 420 children and adults and employs over 200 staff. It is funded largely (80%) by the Western Health Board (WHB) but maintains a large voluntary element through its parent and friends network in 47 branches spread throughout the county. Services are provided throughout the Galway county, with the bulk of services provided in Galway city.
The dispute, which dates back to 1991, concerns a claim for increased remuneration on behalf of 15 Unit Directors (House Parents in charge) and 60 residential workers (Assistant House Parents). The Union considers that Assistant House Parents who have achieved relevant childcare qualifications should be up-graded and assimilated onto the House Parent scale, with Unit Directors maintaining their differential, in line with the policy and practice in the WHB and many other similar agencies in the WHB region.
The claim was rejected by the Association. The dispute was the subject of numerous conciliation conferences under the auspices of the Labour Relations Commission following which agreement was not reached. The dispute was referred to the Labour Court, on the 8th of March, 1994, in accordance with section 26(1) of the Industrial Relations Acts, 1990. The case was put in abeyance while local discussions took place. Agreement was not reached and the matter was raised again with the Labour Court. The Court carried out its investigation on the 17th of October, 1998.
UNION'S ARGUMENTS:
3. 1. It has been the practice of the Association to employ two categories of staff, i.e., Assistant House Parents and House Parents whose duties are similar and whose job descriptions have no significant difference. A number of organisations employ staff carrying out similar types of duties (details supplied). Those organisations have the policy of assimilation onto the House Parent scale on the acquisition of relevant qualifications. All of these voluntary agencies have similar funding dependency on the WHB.
2. The Union was given to understand in 1992 that, subject to a cost analysis, the Association might be in a position to look favourably on the claim if a phased implementation could be agreed. Agreement was not reached, however, and the Association rejected the claim in early 1998. In the interim, a similar claim for instructors employed by the Association for parity with the WHB counterparts was conceded. Accordingly, precedents for parity exist not only outside the Association but also with the Association itself. Furthermore, clerical administrative staff are recruited and remunerated in accordance with WHB qualifications and pay scales, respectively.
3. Only 15 of the 75 care staff in question are paid as House Parents. The balance are paid as Assistant House Parents irrespective of the qualifications they hold. The claim is on the basis of equality with other workers and is for parity with their WHB counterparts who provide similar services.
ASSOCIATION'S ARGUMENTS:
4. 1. The Association, in line with other major service providers in the field of mental handicap, operates its residential services on the basis of the House Parent in charge being responsible for the running of the group home, implementing organisation policy decisions, and supervising a staff team and staff development.
2. The situation of the WHB is not comparable to that in the Association. The House Parent and assistant House Parent at St. Annes Psychiatric Services report to a supervisor. The structure and reporting relationship is based on a large institutional model, not a small community-based setting as within the Association.
3. Were the claim to succeed there would be major pay and other related costs for the Association plus a knock-on effect for the other service providers in the country. The cost to the Association would be in the order of £175,000 per annum.
4. The rates of pay for House Parents and Assistant House Parents in the Association are in line with those approved by the Department of Health and Children and the Health Boards cannot be taken as fair comparators in this instance. The claim being made is a national issue and comes within the terms of reference of the Expert Group established as part of the settlement reached to the dispute in respect of Paramedical Grades (Labour Court Recommendation LCR15515). Therefore, the recommendations of that Group should be awaited.
RECOMMENDATION:
The Court is conscious that the claim for pay increases for childcare workers has been in procedure for a long time. Nevertheless, the Court is of the view that this is a national issue and should be resolved at that level.
The parties at the hearing understand that this issue is listed for hearing on the 29th of October, 1998 by theExpert Groupin accordance with LCR15515 for paramedical grades. On that basis the Court is reluctant to pre-empt the outcome of that process.
If the matter has not been progressed satisfactorily in this way or otherwise resolved within twelve months of the date of issue of this recommendation the Court will revisit the issue with a view to making a recommendation in respect of this particular employment.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th November, 1998______________________
M.K./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.