FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BROTHERS OF CHARITY, WATERFORD (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Re-hearing arising from LCR15970.
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of 16 Care Assistants employed at Belmont, Waterford. The Union is seeking the same rate of pay for its members as is currently being paid to Care Assistants employed by the Brothers of Charity at their Galway centre.
The case was before the Court on the 23rd of September, 1998. In its recommendation LCR15970 which issued on the 1st of October, 1998 the Court recommended as follows:-
- "The Court can not see any material difference between the issues arising in the present case and those arising in the centres which
were the subject of LCR15880 and LCR15927.
The present claim should, therefore, be processed in the same
manner as that recommended by the Court in LCR15927. As in
that case, if the matter is not resolved nationally by the end of 1998,
the Court will make a definitive recommendation in respect of this particular employment."
UNION'S ARGUMENTS:
3. 1. Belmont has been under the auspices of the Department of Health since 1990. All other staff employed in Belmont are on the relevant national pay scale. The workers concerned should, therefore, be put on the Department of Health ten-point incremental scale appropriate to Care Assistants in other care centres.
2. The Care Assistants at Belmont have a fixed one-point salary scale which does not adequately recognise or reward the work of the care staff concerned.
3. The Labour Court in its recommendation LCR16109 has recommended concession of a similar type claim.
MANAGEMENT'S ARGUMENTS:
4. 1. Concession of the claim could have serious repercussions for the Brothers of Charity.
2. All services provided by the Brothers of Charity are stand alone units. Salary and conditions of employment in each case vary depending on the centre concerned.
3. The matter of pay for Care Assistants has already been the subject of two Labour Court recommendations. In both recommendations the Court recognised that the issue had national implications.
4. This group of workers has already benefited from an award of £16.04 negotiated under PESP for all non-officer grades. Part of the agreement included a moratorium on all further cost increasing claims during the currency of the PCW.
RECOMMENDATION:
In its earlier Recommendation in this case (LCR15970) the Court pointed out that there were no material differences between the issues arising in the present case and those arising in the case of St Patricks Residential School, which had been the subject of LCR 15927. In the case of that employment, the Court has since issued Recommendation LCR 16131 in which it recommended that the pay of Care Assistants be brought into line with that of Care Assistants in a number of named centres in Dublin, Galway and Sligo.
The Court recommends that a similar rate be conceded in the present case and that it should be applied with effect from 1st April 1998.
Signed on behalf of the Labour Court
Kevin Duffy
19th July, 1999______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.