FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LORETO COLLEGE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. 1. Parity with caretakers in VEC's. 2. Pension. 3. Improvement in sick pay.
BACKGROUND:
2. The College is a private, voluntary secondary school under the trusteeship of the Loreto congregation. The College joined the free-education scheme in 1967/68 when the Department of Education introduced free post-primary education in the State. This scheme pays a per-pupil grant to voluntary secondary schools in the form of a capitation grant. The grant is to cover all the day to day recurrent costs of the school. Additional funding for non-teacher salaries is provided separately by the Department of Education. Since the 1992 school year a new form of funding of caretaking and clerical services is provided in the form of a supplement to the capitation grant.
There are three issues before the Court:
1) Parity with caretakers in the VEC.
The Union claim that the type of duties and level of responsibility of the caretaker warrants a craft rate of pay. The VEC caretakers are currently allied to the Local Authority refuse collector rate. The College states that this claim would set aside the contract which was drawn up between the worker and the School in 1999.
2) Pension
The College has fulfilled its obligations by providing access to a PRSA, but there is no provision for a contribution from the College towards the pension fund. The College argue that it does not have the funds for an employer contribution.
3) Improvement in sick pay
The Union are seeking a sick pay scheme that gives up to 12 weeks full pay less Social Welfare in accordance with that of the VEC. There are agreed terms and conditions for sick leave arrangements in the contract of employment between the worker and the College.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 24th of February, 2004, in accordance with Section 26(1) of the Industrial Relation Act, 1990. A Labour Court hearing took place on the 7th of May, 2004, in Cavan.
3.Parity with caretakers in the VEC
1. The Union do not accept that because the College is funded differently from the VEC's, it does not have the funds to pay the claim.
Pension
1.Given the age profile and current rate of pay of the worker he would not be in a position to make sufficient contributions between now and his retirement to fund an adequate pension.
Improvement in sickpay
1. The Union are seeking to provide protection for the worker should he not continue to enjoy good health.
BOARD'S ARGUMENTS:
4.Parity with caretakers in the VEC
1.The College is in receipt of supplementary funding from the Department of Education to pay for caretaking services.The funding is less than that which VEC's receive.
Pension
1.Theagreed contract signed in 1999 did not make provision for an employer's contributory pension due to restraints on school finances.
Improvement in sick pay
1.The sick leave arrangements for the worker are outlined in his contract of employment. They are agreed terms and remain unchanged.
RECOMMENDATION:
The Court is conscious that the issue of the level of funding for voluntary schools as against the funding of vocational schools for caretakers and maintenance services, has been the subject of national negotiations for some time. The matter was also addressed in the Blackstock Report commissioned by the Department of Education and Science.
The Court is satisfied that this issue of funding, as above, should be addressed as part of the central negotiations, but in the mean time recommends, that the management's final offer, be accepted by the claimant with a modification that a further €7 be added to the €30 already proposed by the College.
This payment to be in return for the changes in work practices outlined by management.
Signed on behalf of the Labour Court
Finbarr Flood
24th May, 2004______________________
MG./MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.