FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY MENTAL HEALTH ASSOCIATION (SOUTHERN HEALTH BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. Improvements in conditions of employment.
BACKGROUND:
2. The dispute concerns three workers employed by the Association/Southern Health Board (SHB). There were no representatives from the Association present. It was contended that the 3 workers were employed by the Association. The third worker was also employed by the SHB on a part-time basis.
Two of the workers were first employed by the Association as housekeepers in 1987, for 3 hours per day, 5 days per week. The 3rd worker was employed for 10 hours per week, doing cleaning duties.
The Union's case is that the 2 workers were only being paid £3.00 per hour, had no annual leave for the first 4 years, had no PRSI credits for the first 5 years, no premium payments for public holidays for 8 years and received no increase in pay until 1996. The 3rd worker was paid less. The Union is seeking that the workers should be:-
(a) employed directly and permanently by the SHB;
(b) given incremental credit;
(c) given extra work.
The Union wrote to the Association on a number of occasions in 1996/1997 but no progress was made. The Association's case was that it could not pay an increase unless it was authorised by the SHB.
The case was referred to the Labour Relations Commission and a conciliation conference took place on the 11th of March, 1998. As agreement could not be reached, the dispute was referred to the Labour Court on the 20th of May, 1999, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th of June, 1999, in Tralee.
UNION'S ARGUMENTS:
3. 1. The workers have been badly treated by the SHB since 1987, regarding their pay and conditions of employment. They did not receive a pay increase until 1996.
2. In 1997, the two workers' rosters were changed from 3 hours per day x 5 days per week to 8 hours per day x 2 days per week. The workers co-operated with this and requested that they be given extra work i.e. relief for annual, sick and maternity leave. This did not happen. New people are being taken on and getting paid more than the two workers, plus getting incremental credit. There were plenty of opportunities for work for the 2 people concerned.
SOUTHERN HEALTH BOARD'S POSITION:
4. 1. The Association is grant-aided by the SHB and does not have an obligation to make the workers permanent. The workers are facilitated with some relief work on a temporary basis, when the opportunity arises.
2. The SHB is in the process of converting 16 people to permanency and, as a result, there are no further permanent vacancies available.
3. A national conversion process is currently taking place as a result of agreement between Unions and Management as part of overall pay talks for non-nursing staff.
RECOMMENDATION:
It is a matter of concern to the Court that Kerry Mental Health Association did not attend either at conciliation or at the Labour Court hearing. The Court is satisfied that the Association is clearly the employer, and had a case to answer before the Court. The Court acknowledges the courtesy shown by the Southern Health Board in attending at both conciliation and the Court hearing.
The Court recommends that the Association should commence discussions with the Union on behalf of the claimants, on pay and conditions of employment, with a view towards securing their permanent status with the Association. The question of the claimants being provided with relief work must be addressed, and their seniority must be taken into account in the allocation of such work.
The Court notes the Southern Health Board's offer to provide relief work, to Mrs. Blackwell and Mrs. Barron. The request for such relief work by these claimants, and the Board's offer, should be formalised (this situation will not alter their employment status with the Association).
The Court notes Mrs. Devaney's case regarding relief work was not pursued by the Union as she has made separate arrangements with the Board.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th July, 1999.______________________
CON/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.