FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001, AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004 PARTIES : CARLINGFORD NURSING HOME (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Referral under Section 2(1) of the Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
BACKGROUND:
2. Carlingford Nursing Home (the Home) is a private nursing home located in Carlingford Co. Louth. It was previously called Quarrybanks Nursing Home arising out of a Transfer of Undertaking in March, 2003. It provides 24 hour care, 365 days per year to its residents. It has a total capacity of 44 beds although only 32 are presently occupied. The Home employs 8 full time employees and 28 part- time employees.
The Union first contacted the Home in January, 2004, in regard to a number of issues of concern to the employees. The Home replied, stating that its policy was to deal directly with staff. A number of letters of correspondence passed between the parties. The Union wrote to the Advisory Service of the Labour Relations Commission (LRC) withdrawing a claim under Statutory Instrument (S.I.) 145 of 2000 and re-lodging it under S.I. 76 of 2004. The Home claims that it was not until a meeting with the Advisory Service on the 9th of June, 2004, that the Union outlined its claim, which covers the following:
- Rates of pay
- Introduction of a sick pay scheme
- Unsociable hours premium/ Shift Premium
- Payment of overtime rates
- Grievance and disciplinary procedures as outlined under S.I. 146 of 2000.
(The Union withdrew a claim in relation to the introduction of a pension scheme)
As the parties did not reach agreement, the dispute was referred to the Labour Court in accordance with Section 2(1) of the Industrial Relations (Amendment) Act, 2001 as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004. A Labour Court hearing took place on the 4th August, 2004
UNION'S ARGUMENTS:
3. 1.Pay: The workers' hourly rate is €8.15. The last pay rise was 5% in February, 2004, and this was the first one in three years. The Union believes that the rate is out of line with other nursing homes in the industry, where pay rates are from €8.39 per hour to €11.70 per hour.
2.Sick Pay Scheme:There is no sick pay scheme at present in Home. The Union is seeking a sick pay scheme of 8 weeks duration in any 12 month period.
3.Shift Rate / unsocial hours payment: The workers only receive a basic hourly rate for all hours worked - day and night - except for a 50% premium on Sunday. Other nursing homes pay shift premium ranging from 16.6% for 2 cycle shift over 5 days to 33% for 3 cycle shift over 7 days.
4.Overtime: There is no overtime premium paid for hours worked in excess of the contracted time.
5.Grievance and Disciplinary Procedures: The Union is seeking that Home puts in place a Grievance and Disciplinary Procedure that is fully consistent with S.I. 146 of 2000
HOME'S ARGUMENTS:
4. 1.Pay: The current rate of €8.15 per hour is very competitive compared to other nursing homes in the area (details supplied to the Court).
2.Sick Pay: It is not normal practice for nursing homes to have a sick pay scheme. The introduction of one would be an additional cost to the Home which would be unsustainable.
3.Shift Rate / Unsociable Hours: No other nursing home in the area provides any form of shift rate. The Home provides a 50% premium for working on a Sunday
4.Overtime:The Home has re-issued up to date contracts of employment to all employees.
5.Grievance and Disciplinary Procedures: The Home has amended its Grievance and Disciplinary Procedure to comply with S.I. 146 of 2000.
RECOMMENDATION:
This dispute was referred to the Court pursuant to Section 2(1) of the Industrial Relations (Amendment) Act 2000, as amended by the Industrial Relations (Miscellaneous Provisions ) Act, 2004. The Court is satisfied that the conditions specified at Section 2(1)(a) to 2(1)(d) of the Act are fulfilled in this case and that the dispute is properly before the Court for investigation and recommendation.
The Court notes that whilst the parties did participate in the process provided by the enhances Code of Practice on Voluntary Dispute Resolution (S.I. 76 of 2004,) no progress was made in resolving any of the matters now before the Court.
The Court has taken account of all the submissions made by the parties both in writing and orally in the course of the hearing. The Court has also had regard to the information with which it was provided in relation to rates of pay and conditions of employment applicable for similar work in other employments within the private nursing home sector. In formulating the recommendations which follow, the Court has also taken into account the current commercial and financial circumstances of the enterprise.
Having regard to all relevant circumstances, the Court recommends as follows on each of the Union's claims.
Pay
The Court is satisfied that the rates of pay of those associated with this claim are out of line with appropriate standards and should be increased. The basic rate of pay should be increased to €9.25 with effect from the date of this recommendation. The rates should be regarded as inclusive of all phases of all ratified National Agreements. The rate should be increased in future by the application of National Agreements when they become due. For this purpose, the first phase of the next National Agreement should be payable from the 1st October, 2004.
Introduction of a Sick Pay Scheme
The Court recommends that the Home introduces a sick pay scheme providing for four weeks' sick leave per year at full pay less social welfare. All sick leave should be covered by a medical certificate. The scheme should apply to all employees who have completed their probationary period. The scheme should not operate in respect of the first 3 days of any illness.
Shift Allowance
The Court recommends that shift allowance of 25% be introduced. Where employees are engaged on five over seven day shift working they should receive this allowance and not be eligible for the current Sunday premium.
Overtime
Where overtime is worked in excess of normal full-time hours, payment should be at time and one half for the first four hours and double time thereafter. Where overtime is worked on Sunday (as distinct from working as part of a rostered shift) double time should apply.
Equal Treatment and Other Issues
The Home should put in place polices on equal treatment, harassment and intimidation in the workplace. The Union should be permitted to make submissions on the content of such policies and their views should be taken into account.
Grievance and Disciplinary Procedures
The Court notes that the Home is prepared to concede the Union's claim for a revision of the grievance and disciplinary procedure to reflect the provisions of the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000).
The current procedure should be redrafted to incorporate the changes agreed, including provision for trade union representation in processing individual issues through the procedure.
Implementation
Save where it is otherwise provided, these recommendations should be implemented within one month from the date on which they are issued.
Signed on behalf of the Labour Court
Kevin Duffy
17th August 2004______________________
CON/PMChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.