FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH WESTERN HEALTH BOARD - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Pay and conditions of employment of Hostel Parents.
BACKGROUND:
2. The dispute concerns a claim on behalf of approximately 40 Hostel Parents, who are employed in a number of hostels throughout Co. Donegal, and who look after the needs of mildly to moderately handicapped adults. The Hostel Parents work 7 days continuously in every fortnight, including sleep-overs and are rostered to be off between 10.00 a.m. and 4.30 p.m. each day. They are paid the Group 3 (non-nursing scales) rate of pay. On their behalf, the Unions sought a revision of their remuneration which would align their rate with that of Assistant Hostel Parent, Department of Health scale. During the course of the Court hearing, the Unions revised their pay claim to correspond with pay rates, in similar establishments, as recommended in Labour Court Recommendation LCR16109 (Sisters of Sagesse Service Centre, Cregg House). The Unions also sought other improvements in their conditions of employment relating to a range of issues including a sleep-in allowance of £16.22 per night, a Saturday premium of £5.48, double time for Sunday, double time for Bank Holidays together with time off in lieu, holiday premia, additional annual leave and locum cover between 10.00 a.m. and 4.00 p.m.
The Board's response is that there are a variety of different arrangements and rates of pay in other areas for this kind of work. It does not accept the comparison cited by the Union, adding that the rate of pay had been agreed previously and circumstances have not changed greatly since. In any event the Board indicated that the cost of the Unions claim would be astronomical. The dispute was the subject of two conciliation conferences under the auspices of the Labour Relations Commission, at which agreement was not reached. The dispute was referred to the Labour Court, in accordance with Section 26(1) of the Industrial Relations Act, 1990, on the 23rd of October, 1998. The Court carried out its investigation on the 10th of March, 1999.
UNION ARGUMENTS:
3. 1. The work carried out by Hostel Parents is, at least, equivalent in value to that carried out by Assistant House Parents, in respect of skills and abilities required, level of responsibility and physical mental and emotional demands. While Assistant House Parents operate in a team environment, reporting to a House Parent, Hostel Parents function on a single-handed basis with up to 8 or 9 clients. The alignment of the Hostel Parents with the Group 3 non-nursing scale, which includes minibus drivers, tractor drivers and van drivers, is inappropriate and fails to recognise the range of duties they perform. The extent to which these workers are undervalued is compounded by the Board's refusal to pay nationally agreed rates and premia in respect of work outside normal working hours.
2. No other grade of worker employed by the Board in the residential care sector is denied premium payments and the nationally agreed sleep-over allowance of £16.22 per night.
3. The Labour Court previously acknowledged the inappropriateness of the pay relationship between the grade of care assistant employed by the Brothers of Charity and non-nursing staff (LCR14176). Arising from this recommendation, the pay of the care assistants within the Brothers of Charity has been established at £12,295 - £16,622 (at 1/7/98) which is far in excess of the rate paid to the claimants' grade. This is the established rate for care assistants employed in all of the main mental handicap institutions in the Dublin area, including St. Michael's House, Stewart's Hospital, Cheeverstown Centre.
4. The normal shift is from 4.30 p.m. to 10.00 a.m. However, the staff could be required to stay on between 10.00 a.m. and 4.30 p.m. if, for example, they had to take a client to a clinical appointment or if the client was ill and unable to attend the day centre. This was to be only an occasional requirement but has developed into a frequent part of the job, for which the staff are not paid. Locum cover is only provided if the client is ill for more than one week. It is unreasonable for the Board to insist that the staff be on-call for 24 hours for 7 days. Accordingly, locum cover should be provided for the period 10.00 a.m. to 4.30 p.m.
5. On the nine public holidays, those staff normally commencing work at 4.30 p.m. start at 1.00 p.m. and those normally finishing at 10.00 a.m. stay on until 1.00 p.m. No extra pay is received for these extra hours worked. Other Health Board staff would receive double time for these extra hours and the claimants should be paid likewise.
6. Hostel Parents receive annual leave amounting to 20 days. As they work in excess of 40 hours per week, they are entitled to additional annual leave. Residential childcare workers, with similar work patterns and duties, were offered 24 days' annual leave by the Board. Under the Craft Analogue Agreement, other non-nursing grades received three additional days' leave. The Hostel Parents, accordingly, should receive four days' additional annual leave.
BOARD'S ARGUMENTS:
4. 1. The current basic rate of pay for the staff in question is that of Group 3 of the non-nursing national rates, i.e., with a maximum of £248.31 per week. The rate for the large majority of attendants employed and assigned to the Mental Handicap Services, including hostels, is the Group 1 rate, with a maximum of £244.03 per week. In addition to basic pay, the staff in the North Western Health Board are in receipt of a weekly allowance of £61.23 which is revised periodically. This allowance was negotiated and agreed with the Unions a number of years ago and is a payment which comprehends rostered premia and sleep-over requirements.
2. The recent non-nursing agreement provided for the establishing of Joint Partnership Committees. This agreement has been endorsed by both Unions involved in the dispute. The terms of reference of the Joint Partnership Committees are as follows:-
- Development plans for delivery of service and service quality
- Respective roles and responsibility for the different categories of staff
- Career structure
- Multi-functional working arrangements
- Training and education requirements
- Cost implications
- Any other issues which the group considers relevant to its task.
3. This management position is consistent with previous, but recent, cases where similar claims have been pursued locally by the unions but are contrary to the nationally-agreed position. Whilst it is acknowledged by the Board that this situation is difficult for the staff to accept or understand, no alternative mechanism is available to deal with this claim. In this context the issues raised by the Unions should be referred to the Joint Partnership Committees in line with the nationally agreed position between the Unions and management.
RECOMMENDATION:
Having given careful consideration to the issues in dispute, the Court recommends that the pay of Hostel Parent staff should be brought in line with the pay of care assistants employed in similar establishments, e.g., Cheeverstown Centre, Cregg House. Accordingly, the Court recommends concession of the Union claim for increased pay. The Court recommends that the effective date for this adjustment in pay should be the 1st of April, 1998.
With regard to the claim for improved conditions of employment for Hostel Parents, the Court recommends that further discussion should commence on these issues, between the parties, with the assistance of the Labour Relations Commission's conciliation service, if considered necessary. Any changes ensuing should be effective from the 1st of July, 1999.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th July, 1999______________________
M.K./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.