FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST LUKE'S HOME MAHON CORK (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Rates of pay for Care Assistants.
BACKGROUND:
2. St. Luke's Home, located at Mahon, Cork, is a charitable organisation which provides care for the elderly. It receives 83% of funding from the Southern Health Board. It employs approximately one hundred staff.
The dispute before the Court concerns a claim by the Union on behalf of its members employed as Care Assistants for the appropriate rate of pay for Group 5 of the non-nursing salary scale. They currently receive the rate of pay appropriate to Group 1. Management states that the staff concerned are in receipt of the appropriate rate of pay.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 23rd of August, 2000. As agreement was not reached, the dispute was referred to the Labour Court on the 14th of June, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Cork on the 12th of December, 2001, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The range of duties performed by the staff concerned includes nursing duties. Their duties far exceed those of non-nursing grades.
2. The rates of pay at the Home are out of line with the rates of pay applicable to Care Assistants in other designated agencies.
3. The staff concerned should receive the rate of pay appropriate to Group 5 retrospective to November, 1998.
MANAGEMENT'S ARGUMENTS:
4. 1. The rates of pay which apply to the staff concerned at St. Luke's Home are the rates that apply in the Health Board area and nationally.
2. The staff concerned only carry out duties appropriate to their position. They do not carry out nursing duties.
3. Concession of the claim would have serious national repercussions. The claim is cost increasing and precluded by the terms of the national pay agreement.
RECOMMENDATION:
In the Court's view, subject to the necessary funding being provided, the appropriate rate for those associated with this claim is that paid to staff employed by the Southern Health Board in the same or analogous duties.
There is a disagreement between the parties as to what the factual position is with regard to similar grades in the Health Board. In the Court's view, the resolution of this dispute cannot be advanced until the definitive position in that regard is established.
The Court recommends that the parties should jointly establish with the Health Board the correct classification of the staff concerned and the rate payable by the Health Board to its employees so classified.
If, having obtained this information the parties are unable to reach agreement, the matter may be referred back to the Court.
Signed on behalf of the Labour Court
Kevin Duffy
1st February, 2002______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.