FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : RESIDENTIAL CARE CENTRE (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. (1) Arrears of night duty premium.
(2) Application of Craft Analogue Agreement for non-nursing staff.
BACKGROUND:
2. The Residential Care Centre is a voluntary organisation which is funded by the Western Health Board and is run by the Sisters of Mercy. It employs approximately 19 people.
In 1998 the Labour Court issued a recommendation (LCR15874) which recommended the payment of Health Board night and weekend premia rates to four named individuals. The Care Centre complied with the recommendation. In 1999 the Union submitted a claim on behalf of another five named individuals. The issue was the subject of a conciliation conference under the auspices of the Labour Relations Commission on the 30th of November, 1999. The Union also submitted a claim on behalf of a further seven employees for the application of the 1997 Craft Analogue Agreement for non-nursing staff.
As agreement was not possible at conciliation, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 24th of May, 2000, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The claimants have a pay parity with Health Board personnel. In LCR15874 the Labour Court recognised the workers' entitlement to be paid the Health Board week-end and night duty premia rates. It is unfair to discriminate against the five claimants who worked the night duty roster by treating them less favourably than their colleagues who were paid the correct rates.
2. The Union is seeking payment of £12.65 for each of the seven named employees under the Craft Analogue Agreement, retrospective to the 1st of July, 1997. This must be paid in order to maintain the pay parity which exists with Health Board personnel. Other voluntary organisations which are funded by the Health Board have implemented the Agreement without any difficulty. The claimants are committed to reaching an agreement in relation to the productivity measures associated with the increase.
CENTRE'S ARGUMENTS:
4. 1. The Centre did not contest Labour Court recommendation LCR15874 because the Centre believed that it was ring-fenced to only four named individuals. Concession of the current claim would have the potential to draw claims from another 34 people who have worked night duty since 1990. The cost of servicing this claim would be approximately £35,000 which the Western Health Board is not willing to fund. In addition, three of the claimants have terminated their employment with the Centre and the other two are now re-deployed to day work.
2. The Residential Care Centre has consistently told the Union that it is not a party to the Craft Analogue Agreement and that the Union's claim is purely aspirational. However, discussions are at an advanced stage for absorbing the Centre into the Health Board. If and when this happens, which should be within the year, Health Board rates will have to be paid to all members of staff. The Union should defer its claim until after the take-over.
RECOMMENDATION:
The Court is satisfied that the original claim for Night Duty Premium was supported by the Employer on the understanding that it only applied to 4 named employees. It is not clear why the claim currently before the Court was not included in the 1998 claim, nor is it clear how many others could have similar claims.
Given the background to this case and taking into account the basis on which the original claim was conceded, the Court does not recommend concession of this claim.
On the other claim before the Court, the claim for application of the Craft Analogue Agreement of 1997, the Court having considered the submissions made by the parties recommends that the claimants accept that the Analogue Rates should apply from 1/3/2000 but without retrospection.
Signed on behalf of the Labour Court
Finbarr Flood
1st June, 2000______________________
D.G./B.C.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.