Making the difference for Section 39 workers

SIPTU members are set to step up their campaign to secure pay justice across Section 39 organisations on Wednesday (8th November).

Members will meet with Minister of State with Responsibilities for Disability Issues, Finian McGrath, to seek support for a process that would commit the Government to providing a clear road map to increase a block healthcare support grant. SIPTU representatives propose that an increase in the grant, provided for specific care providers, could be used to reverse wage cuts imposed on low-paid healthcare contractors in 2010 and pay justice won for Section 39 workers.

Section 39 workers had their pay cut by up to 8% in the wake of our financial crisis have been left high and dry while other health care workers directly employed by Government and HSE facilities have since had pay restoration.

SIPTU representatives will not accept the Government and HSE attempts to wash their hands of this injustice by saying they are not directly involved in the employment of the Section 39 workers.

When the pain was being dished out by successive Governments it was dished out equally but when the time comes for some pain relief, in the form of pay restoration, up to 10,000 workers are left wanting.

The fact is that in 2010 a political decision was made to cut the block funding grant which triggered the wage cuts. This means the State is intrinsically involved. All industrial relations bodies including the Workplace Relations Commission have endorsed the workers position but both the Government and HSE has refused to act.

Members are resolute and our union will not stand idly by and watch these dedicated workers be asked to provide first class healthcare services at third class wages.

Section 39 workers are in hospices, community hospitals and Rehab facilities. In the intellectual disabilities support sector alone, one in ten workers is employed on a Section 39 contract.

Staff undertake precisely the same work as directly employed HSE staff and must have the same qualifications. The only difference is in the pay packet.

This pay injustice is now so severe that hundreds of workers are quitting the sector entirely leaving people who rely on the service potentially exposed and vulnerable.

The last thing communities need is a staffing crisis in Section 39s but the feeling of frustration on the ground is palpable.

SIPTU member, Liz Cloherty from Galway, said the situation was simply untenable.

“It is a disrespectful way to treat people. All we are asking for is fair treatment,” she said.

“If we are doing the same work as others and must have the same qualifications, then why aren’t we being paid the same.”

 

SIPTU launches Pay Justice for Section 39 Workers campaign

Last week, SIPTU launched the “Pay Justice for Section 39 Workers” campaign after delegates attending the union’s Biennial Delegate Conference in Cork unanimously backed a motion calling on the Government and Health Service Executive (HSE) to ensure Section 39 organisations adopt transparent governance systems including conforming with HSE norms in the area of employee contracts and employment rights.”

Addressing the conference in Cork City Hall, SIPTU Health Division Committee member, Peter Behan, said: “We must send a very clear message that our members will not continue to provide first class service delivery on third class pay and conditions.

“There are literally thousands of care workers of all grades employed in Section 39 Organisations providing both health and community services. Health Division members work in Section 39 organisations which are household names due to the services they provide to our most vulnerable citizens. Section 39 organisations receive millions of taxpayers euros to provide these services mainly in the care of citizens with intellectual disability.”

He added: “Section 39 Health Service providers are not exempt from criticism with scandal after scandal concerning excessive payments made to senior managers and executives well outside public sector pay norms.

“For our members and the public questions remain despite investigations by the press and the Public Accounts Committee. The HSE and the Department of Public Expenditure and Reform have simply failed to take any action to correct this situation which has damaged public confidence in the whole Section 39 and Voluntary Sector.”

SIPTU is initially consulting with staff in 10 Section 39 organisations regarding balloting for strike action in the weeks ahead.

The organisations include Rehab Care and the Cheshire Foundation, which are national operations, Western care in Mayo, St Joseph’s Foundation in Cork, SOS Kilkenny, the Cork Association for Autism, Ability West, and St Aidan’s Hospital in Wexford.

To sign up for updates please email ask@siptuhealth.ie or simply download our App.

CASE STUDIES:

Jacqueline Kirby:

Jacqueline Kirby is a social care leader at St Joseph’s Foundation, a Section 39 disability service provider , in Cork where she has worked since 2005.

She experienced two pay cuts, one of about 6 per cent in 2010 and 2 per cent in May 2014. She said increments were frozen for six months for some staff.

When theprocess of pay restoration began in the public service last year she was told it did not apply in her organisation.

“I emailed and asked when we were getting pay restorations and I was informed by our HR manager that Section 39 companies had not been given it back so they were not in a position to give it,” she said.

“We all signed up to it (the cuts) so we should all get it back. To me it is that simple. I do not think it is fair for the Government to say we have given the money to them but we are not giving it to you. We all signed up to the agreement to help the country, to help the economy and now we should be getting back as well.”

Helen Power:

Helen Power works in the day service at St Joseph’s Foundation in Cork as a supervisor. She has been with the organisation since 2005.

She said she also experienced two pay cuts. In addition, for the last three years, there are mandatory holiday closures of the facility, and she only has four “floating” days she can choose to take off.

“They are ruining the relationship they have with some extremely talented staff around the area of disabilities which is a very hard sector to work in,” she said.

 “They are not doing themselves any favours. We are a voluntary organisation . we do a lot of fundraising and I have seen a decline in the number of staff willing to help in fundraising due to the fact that they do not feel they are getting the support from St Joseph’s Foundation, from management.”

Liz Cloherty:

Liz Cloherty currently works in RehabCare and previously worked for another Section 39 body, Autism West, but was made redundant.

She said after moving to RehabCare she was placed on the pay scale at a level which was about 5 points below where she would have been if she had joined a Section 38 body given her level of experience.

“I took a pay cut of five increments lower, plus two cuts imposed by the Government.”

She said the HSE did not fund RehabCare to pay the first phase of pay restoration provided to Section 38 staff this year and will also not get the additional payments at the start of 2018.

She warned that the Section 39 bodies would lose staff if the pay differential continued.

“Why would you stay in a Section 39 if you could go to a Section 38 that would pay better. That affects every service user.

“The Section 39s suffer as they are not getting the funding to keep their staff.”

SIPTU members in St Aidan’s Services protest against the non-payment of increments

SIPTU members in St Aidan’s Services, Gorey, Co. Wexford, a section 39 organisation providing day and residential services for people with intellectual disabilities, held the first in a series of work stoppages today (Wednesday, August 10th) in protest against the non-payment of increments due to them.

SIPTU member and Health Care Assistant in St Aidan’s Services, Helen Tobin said: “We have been in Workplace Relations Commission twice and subsequently to the Labour Court in 2013. The Labour Court ruled in our favour but we still have not been paid what we are owed. We have no choice but to take industrial action. It is very frustrating because we go above and beyond the call of duty yet we are not shown respect for the vital community service we provide.”

SIPTU Organiser, David Morris said: “Our members have been badly let down by the refusal of HSE management to pay them what they are owed. The workers have explored every avenue open to them to find a solution to this dispute and now feel they have no option but to take action to highlight the situation.”

He added: “In 2010, the HSE withdrew funding for salary increments. An agreement is in place that aligns salaries in HSE funded Section 39 organisations such as St Aidan’s Services with HSE consolidated pay rates. HSE workers have had their increments restored so it is only fair that workers in Section 39 organisations enjoy parity of esteem and the same respect.”