LCR16131

FULL RECOMMENDATION CD/99/94 RECOMMENDATIONNO.LCR16131 (CC98/140) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST PATRICK'S RESIDENTIAL SCHOOL (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Hearing arising from LCR15927.



BACKGROUND:

2. The full background to the dispute is contained in Labour Court Recommendation No. 15927. It concerns the pay rate of approximately 80 care assistants at St. Patrick's Residential School for mentally handicapped in Kilkenny. In LCR15927, the Court recommended that the parties seek a solution within a national agreement. If this did not happen, then the Court would make a definitive recommendation.

The Unions' case is that the proper comparators for St. Patrick's Residential School are the assistant house parents in Stewart's Hospital, Dublin, St. Michael's House, Dublin, John Paul II Centre in Galway, and recently, The Sisters of La Sagesse Services in Clegg House, Sligo. The School argues that the duties performed by the care assistants differ from that of assistant/house parents. It also believes that one of four partnership committees set up by the Department of Health should be the proper forum for dealing with the dispute. The following is the Court's Recommendation:-


RECOMMENDATION:

In recommendation LCR15927, the Court acknowledged that the pay scale of the workers associated with this claim is now inappropriate. The Court further indicated that if the dispute was not resolved in a national context by the end of 1998, it would make a definitive recommendation of the merits of this claim.


The Court's recommendation was accepted by both sides, yet no progress has been made towards resolving the dispute within the time-frame or in the manner recommended by the Court.

It is noted that at the hearing, the Unions indicated that the rate payable to Care Assistants in two named centres in Dublin and one in Galway (and recently recommended by the Court in respect of a similar centre in Sligo) would, if conceded, dispose of its claim.

In these circumstances, the Court recommends that the pay scale of Care Assistants employment by St. Patrick's Residential Centre be brought into line with that of Care Assistants employed by the other centres with which comparison is drawn.

The effective date for this adjustment should be 1st April, 1998.



Signed on behalf of the Labour Court



Kevin Duffy
30th March, 1999______________________
C.O'N./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.