FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MOYROSS COMMUNITY ENTERPRISE CENTRE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Rates of Pay
BACKGROUND:
2. This case concerns a dispute between SIPTU and management of the Moyross Community Enterprise Centre in relation to a claim for an increase in the basic rate of pay for direct employees employed in the centre's creche. Child care workers are employed directly, through Community Employment Schemes and Job Initiative programmes. It is claimed that the direct employees are paid lower rates of pay than other staff and the Union is seeking to address this.
Management's position is that it is unable to concede to the Union's claim on the basis that the creche is currently operating at a significant deficit and any additional costs will have to be passed on to parents using the creche. Management also contends that further costs will affect the viability of the creche into the future.
The dispute was not resolved at local level and was 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 on19th May 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 2nd July, 2008 in Limerick.
UNION'S ARGUMENTS:
3 1 The direct employees of the creche are paid the lowest rate of pay of the three seperate category of workers. This is unacceptable and unfair on the basis that all are involved in the same work.
2 The rates of pay of these workers are also out of line with the sector generally.
COMPANY'S ARGUMENTS:
4 1 Management cannot sustain the additional cost of the Union's claim. The creche is currently operating at a deficit and further excessive costs may affect its viability into the future
2 Management has applied the various wage increases negotiated at National level. It sees further pay claims as cost increasing and at variance with these National Wage Agreements.
RECOMMENDATION:
Given the vital nature of the enterprise in question the rates of pay should be increased to the level claimed by the Union and further funding should therefore be provided to this end, as the Court is of the view that the current rates are not in line with those of similar workers elsewhere.
This should be done as a matter of urgency.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
22nd July 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.