FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JOHN OF GOD HOSPITALLER SERVICES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Claim by the Union for the payment of a Location Allowance to the grade of Recreational Programme Assistants.
BACKGROUND:
2. St John of God North East Services run St Mary's Hospital, Drumcar, Co Louth, providing services to patients and clients in the Intellectual /Physical disability sector for the Health Service Executive. The staff in the employment receive pay and conditions fully funded by the HSE. The Union's claim on behalf of 140 Recreational Programme Assistants is that the payment of a Location Allowance (already applicable to Nursing Grades) be paid to the Claimants.
The present value of the allowance is €1,772 per annum with effect from the 1st June, 2006 and is linked to National Pay Awards. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A Conciliation Conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 3rd October, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 8th February, 2007.
UNION'S ARGUMENTS
3. 1. In 1999, as part of the resolution of the National Nurses Dispute agreement was reached on the payment of a Location Allowance to Nursing Grades that work in specified Hospitals /Institutions. The Nursing Grades employed in St Mary's Hospital were immediately entitled to and paid this allowance.
2. The Claimants are every bit as intimately involved with the patients / clients as the Nursing Grades who receive this allowance. They face the same challenges dealing with these patients as the Nursing Grades. The payment of this Location Allowance is an additional benefit where patients /clients present particular difficulties of a challenging nature.
3. The Claimants are not in any way similar to Non-Nursing grades employed in the Health Services and their duties, rates of pay and terms of employment reflect this fact. The Claimants' grade is linked directly to the House Parent / Assistant House Parent grade for Pay and Benchmarking purposes because of the work that they undertake which is directly patient / client focused.
EMPLOYER'S ARGUMENTS:
4. 1. The Location Allowance is payable only to Nursing Grades up to and including CNM 2. while on duty in specified locations. The salary scale applicable to the Claimants is that which applies to the Care Assistant Grade within the Public Service. The Location Allowance is not paid to other Nursing Grades above CNM 2, nor to any Nursing Grades who are working in non-specified locations nor to any Non-Nursing grades.
2. The claim is cost increasing and precluded under the terms of 'Towards 2016'
3. The cost of this claim in respect of St Mary's Residential Services would be in excess of €200,000 per annum, €600,000 in respect of all the Order's Services in Ireland and €7 million per annum in respect of all Care Assistants, nationally.
4. Concession of this claim would have significant repercussive effects.
RECOMMENDATION:
The Court notes that the allowance at issue has been paid to nurses over a prolonged period but has never been paid to any other grade in the Health Service. In these circumstances, and having regard to the terms of current National Agreements, the Court is not satisfied that it could be justified in extending the allowance to the claimant group at this time.
Accordingly, the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
Kevin Duffy
______________________
27th February, 2007
todChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.