FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST. LUKE'S HOME (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Hearing arising from LCR17048
BACKGROUND:
2. The matter before the Court relates to a claim by the Union for an increase in the rate of pay to Group 5 wage scale for care assistant at St. Luke's Home, Cork. A Labour Court hearing took place on the 12th December 2001. In LCR 17048 dated the 1st February, 2002 the Court recommended as follows:-
"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".
A number of meetings took place at local level. Agreement could not be reached. On the 18th February 2003, the Union referred the dispute back to the Labour Court. A Court hearing took place on the 23rd April, 2003.
UNION'S ARGUMENTS:
3.1. The Labour Court's Recommendation LCR 17048 dated 1st February, 2002 recommended that 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. A number of meetings were held with Management, but no progress was acheived.
2. The Claimants deserve Group 5 salary scale, they are the hands on carers who administer nearly all the needs of the elderly patients. They are at least semi-skilled nursing operatives.
3. The Southern Health Board pay their care assistants at Group 5. The Union's claim is for a scale of 13 points culminating at a maximum of €22,115 (Group 5) against the present 13 point scale (Group 1) of a maximum of €21,404.
MANAGEMENT'S ARGUMENTS:
4.1. The rate of pay for care assistants in St. Luke's Home is the Group 1 Non Nursing rate as applies in the Health Board area and nationally. The rate that the Union is seeking applies in certain circumstances to attendant staff in acute hospitals and does not apply in organisations like St. Luke's Home such as district / community hospitals.
2. The standardisation of the care assistants grade across the broader health care spectrum is being dealt with by the Healthcare Pilot Programme and has to be finalised by the Department of Health and Children. Until this occurs St. Luke's Home, as an independent employer has set the Group 1 rate of pay as being the appropriate rate for care assistants in St. Luke's Home.
3. Concession of the Union's claim would have serious national repercussions as well as serious financial implications for St. Luke's Home. The Unions claim is a cost increasing claim precluded by the terms of the national pay agreement.
RECOMMENDATION:
The Court is satisfied that the claimants in this case are properly classified as care assistants and that staff similarly classified by the Southern Health Board are paid at the Group 5 non-nursing scale.
In the light of its recommendation in LCR 17048 the Court recommends that the Union's claim be conceded with effect from the date of that recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
7th May, 2003______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.