FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TIPPERARY COMMUNITY WORKSHOP (THE MOOREHAVEN CENTRE (TIPPERARY) LIMITED) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Pay rates.
BACKGROUND:
2. The Workshop was formed in 1983 to provide services for people with learning disabilities in Tipperary Town and the surrounding areas. In June, 1999, it changed its name to the Moore Haven Centre (Tipperary) Limited. The services offered by the Centre have been broken down into the following areas: sheltered production section, daycare/activation centre, vocational training section, residential services and administration (a full description of the various sections was supplied to the Court). At present there are 94 people with disabilities who avail of the services of the Centre. The Unions claim that the Board's description of the Centre as "low dependency" is incorrect and that it is, in fact, a vital service in the area.
The Unions' claim is for the application of Department of Health/Health Board pay scales, and the payment of various allowances as those paid to comparator employees, (a list of comparator employees was supplied to the Court). The claim is on behalf of the following workers:- 5 permanent housekeepers, 6 relief housekeepers, 5 instructors and 2 job-sharing clerical staff, plus 1 cook.
The Unions first made their claim in January, 1999, as follows:
For a housekeeper currently on £12,892 and £11,798 per year, they are seeking the national pay scale of houseparents - £16,513 to £22,119. Relief staff currently receive £3.40 per hour.
Instructors are paid at various individual rates, from £10,230 to £15,600. The Unions are seeking the same pay scale as the houseparents.
Clerical staff are paid approximately £6,600 per annum for half-time working. The Unions are seeking the clerical officer scale of £9,587 to £17,374 (applies to a 35 hour week) .
The cook is paid £9,132 per annum and the Unions are seeking the national scale of Cook Grade I of £11,685 to £16,679.
The Unions are also seeking allowances as follows: Saturday allowance - £ 6.90, Sunday allowance - double time, Bank Holiday - as per the Organisation of Working Time Act, live night allowance - normal pay plus 25%, and sleep-in allowance - £21.77.
The dispute was referred to the Labour Relations Commission and two conciliation conferences took place. As there was no agreement between the parties, the dispute was referred to the Labour Court on the 31st of March, 1999, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th of September, 1999, in Clonmel, the earliest date suitable to the parties.
UNIONS' ARGUMENTS:
3. 1. The staff are an extremely dedicated and professional group who demonstrate great respect and affection for those in their care. Their knowledge, skills and expertise are equal to those of the same grades in comparator employment. However, their rates of pay are considerably below these comparators.
2. If the Centre did not exist, there would be up to 100 people with various handicaps with nowhere to go. This includes 6 long-term residents who need considerable care and attention.
3. The difference between the workers and their equivalent colleagues in other mental handicap employments is, at best, anomalous and unequitable.
COMPANY'S ARGUMENTS:
4. 1. The Centre has been operating at a financial loss for the years 1996-1998. In 1999, it embarked on a major development in the form of constructing a canteen/life skills building. This building has still not been completed.
2. A major re-organisation took place between April 1998 - August 1999, to ensure efficient administration and management of the Centre. Following a review, the terms and conditions for houseparents were improved.
3. The Company is in a perilous financial situation and conceding any part of the claim will make the situation worse. The estimated cost of the claim is £260,000, with £135,000 relating to retrospective payment. This leaves £125,000 as a recurring cost on an annual basis, leaving aside the various allowance being claimed.
4. The duties of the workers in the Centre cannot be compared with those with which they are seeking pay parity.
RECOMMENDATION:
The Court considered the submissions of both sides, and is of the view that, while there may be merit in some aspects of these claims, the issues are the subject of discussions by the Expert Review Group set up to examine and report on the care worker profession, on a national scale. The Court is of the view that this is a national issue and should be resolved at that level. On that basis, the Court is reluctant to pre-empt the outcome of that process.
As it is not known how long this process will take, the issues may be referred back to the Court in March, 2000, when the claims will be reviewed by the Court.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th October, 1999.______________________
CON/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.