FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CLOVERLODGE NURSING HOME - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. 1. Rates of pay 2. Unsocial hours allowance 3. Pension scheme 4. Sick pay scheme.
BACKGROUND:
2. Cloverlodge Nursing Home is a private nursing home located in Shinrone, Co Offaly. It was opened in 2001. The Company also own and operate a nursing home in Athy, Co Kildare. Cloverlodge has a bed capacity of 56 beds, 46 of these are occupied. It employs 25 full-time and 16 part-time staff.
In August 2003 the Union wrote to the Company stating that the majority of non-nursing staff had joined the Union and seeking a meeting to discuss various issues of concern to the staff members. Two meetings took place and agreement was reached on some of the issues.
The remaining issues could not be resolved at local level and became the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 29th April, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th August, 2004.
The issues before the Court concern 1) rates of pay, 2) unsocial hours allowance, 3) pension scheme and 4) sick pay scheme.
UNION'S ARGUMENTS:
3 1. Rates of pay have not increased since October 2002. Management informed staff that rates would be increases when occupancy reached 43, it is currently 46.
2. There is currently no Sick Pay Scheme in place. The Union are seeking a Sick Pay Scheme of 8 weeks in a 12 month period.
3. The Union is prepared to defer this claim until the end of Sustaining Progress 2 as a conciliatory gesture.
4. The Union are seeking a shift premium for night workers in line with sectoral norms. No Sunday premium is being paid at present.
COMPANY'S ARGUMENTS:
4. 1.The Company is unable to accede to any cost increasing claims for pay or unsocial hours premium due to the precarious financial position it is currently in.
2. The introduction of a Sick Pay Scheme would be an additional cost on the Company which it is not in a position to bear at present.
3. The Company has provided a PRSA pension scheme to it's employees. No employer contribution is being made as the Company understand that this is the norm in the nursing sector.
RECOMMENDATION:
The Court accepts that the current rates of pay and other conditions of employment of the staff concerned are out of line with appropriate standards in comparable employments and that , in consequence, the Union's claims have merit. In particular, notwithstanding the economic circumstances of the employment, the Court believes that, having regard to the current rates of pay, the imposition of a two-year pay freeze is unreasonable.
Having regard to the submissions made on behalf of the employer the Court is of the view that the parties should be given a further opportunity to explore the possibility of reaching an accommodation in relation to these claims. The Court, therefore, recommends that the parties resume negotiations on the Union's claims. These negotiations should not extend beyond 30th September 2004, at which point, if final agreement has not been reached, the parties should report back to the Court and a definitive recommendation will issue.
Signed on behalf of the Labour Court
Kevin Duffy
30th August, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.