Member Update – Section 39 Process

Dear Member,

We write further to our last update of 31st July in which we advised of the breakdown in talks between the relevant government departments and unions on pay justice for the Section 39 sector.

On that occasion, we detailed how unions would be consulting with members internally regarding the next steps for our campaign.

These consultations have now taken place and the unions will proceed to ballot members in several Section 39 agencies for industrial and strike action.

The organisations that will be balloted by SIPTU Health are as follows:

Cheshire Ireland
Ability West Galway
Western Care Association Mayo
St Joseph’s Foundation Cork
St. Luke’s Home Cork
Cobh Centre (Community Hospital)
Co. Action West Cork
Kerry Parents and Friends
Trinity Community Care CLG, Dublin

Ballots will also be conducted in several other organisations by our colleague unions.

We intend to commence the ballot on the week beginning on the 4th of September. Members in these organisations will be informed locally of balloting arrangements in advance.

It is important for members in all Section 39 agencies to support those taking action in pursuit of pay justice in the sector. This campaign may need to be escalated in the coming weeks and months.

It is more important than ever for members in Section 39 agencies to talk to their colleagues about the value of SIPTU membership and to encourage them to join in the pursuit of pay justice.

United, we will win.

Talks on pay terms for health workers in the community and voluntary sector break down at WRC

The group of unions representing workers employed in community and voluntary sector agencies funded by the HSE, walked out of talks at the Workplace Relations Commission (WRC) earlier this week in response to what the unions described as a “derisory” pay offer from the employer.

The union group, led by the Irish Congress of Trade Unions (ICTU), said it would now proceed to ballot workers for industrial action. The ballots will take place in several employments in the sector selected by the unions, and likely to involve hundreds of health and care staff. While these agencies are funded by the state, their employees in a range of health professional, clinical, clerical and administrative grades, are on lesser terms and conditions than their HSE counterparts.

SIPTU Health Divisional Organiser, Kevin Figgis, said: “The breakdown of these talks is a complete body blow to thousands of healthcare and community workers who had a legitimate expectation that they would be getting a decent pay rise coupled with the restoration of the pay link between Section 39 workers and workers in the public service. Is it unacceptable that workers providing essential public services are not being paid public service rates of pay. The government cannot continue to turn a blind eye and must grasp the nettle. There is over a 10% pay gap that is feeding a huge recruitment and retention crisis in Section 39 services. The reality is that if this continues, services will be shut down, and the HSE will then have to step in to provide these services. It’s completely counter-intuitive. The strategy of being penny wise and pound foolish with the provision of these services is completely intolerable, and our members won’t stand for it any longer. We will now engage with our members with a view to resuming widespread industrial and strike action across these services.”

SIPTU Public Administration and Community Divisional Organiser, Karan O’Loughlin, said: “ Our members in the community sector have been extremely patient while waiting for the government to put forward a reasonable and acceptable proposal. Despite their patience, this hasn’t happened. Our members are not prepared to wait any longer. For every member of staff freshly recruited, another experienced staff member is walking out the door. The situation is grim, and the offer this morning suggests there’s little, if any, political will to tackle it. Real pay improvements for staff are the only means of stemming the high rate of staff exits each year and to fulfil recruitment targets for vital health services, including disability and homeless services.”

Fórsa national secretary Ashley Connolly said the offer, which had been sanctioned by Officials from the Department of Health, Department of Children Equality, Disability, Youth and Integration and HSE, fell far short of expectations: “This morning’s pay offer amounted to 5% in a single year, falling far short of the current public service agreement.

“These are workers providing professional health and social care working shoulder-to-shoulder with their public service counterparts. The employer’s offer suggests they were never that serious about resolving the growing pay disparities and the growing problem of employee retention. Any prospect of an agreement was essentially extinguished this morning,” she said.
Maeve Brehony of the INMO added: “The Government has been dragging its feet on this issue for years, while making conciliatory noises to health workers who urgently need pay improvements.

“They haven’t seen a significant pay rise for years, their colleagues are walking out the door for better terms elsewhere, and there appears to be no sense of urgency at Government level, despite the growing waiting lists for the services these agencies offer,” she said.
Until 2008, workers in these agencies received pay increases under national wage agreements. At the onset of the financial crisis they were subject to FEMPI pay cuts in line with the same cuts applied to public sector pay. Limited pay restoration measures were eventually won by unions in 2019 but pay in these agencies remains significantly behind, and no formal mechanism for collective pay bargaining exists for workers in the sector.

Union research has revealed that recruitment and retention of professional health staff in these employments has become a major challenge. Employers are consequently burdened with higher recruitment costs and growing waiting lists for services.

SIPTU says further solutions needed to address staffing issues in home care sector

SIPTU representatives have called on the Government to engage in meaningful dialogue to seek comprehensive solutions to the recruitment and retention crisis in the home support sector.

In response to the announcement by health minister, Stephen Donnelly, that State-funded home support providers will receive an increase in funding in order to pay workers the living wage, SIPTU Sector Organiser, Pat Flannery, said that it will not fully address issues in the sector.

SIPTU Sector Organiser, Pat Flannery said; “While we acknowledge the Government’s efforts to address some of the challenges in the sector, the announced pay increase falls short of what is needed to effectively tackle the current recruitment and retention issues faced by home support services.

“The current Living Wage in Ireland is €13.10 per hour. In the public service, a healthcare support assistant can start on more than €16 per hour. This will rise to more than €20 per hour for those who reach the top of their salary scale. In addition, public service healthcare support assistants enjoy union-negotiated benefits such as access to a pension scheme, paid sick leave, sufficient contracted hours and premium payments for unsociable hours. These are not often a feature in contracts of employment in the voluntary and private sectors.

“It is crucial to understand that the proposals do not go far enough in providing a sustainable solution for the voluntary home support sector. Progress in this area is far too slow to date and the Government needs to stop taking a piecemeal approach to this issue.
“Our members want the Government to engage in meaningful dialogue with their trade union to explore more comprehensive solutions to the recruitment and retention crisis in the home support sector.”

Unions call on Government to immediately intervene on Section 39 pay dispute

SIPTU, the Irish Nurses and Midwives Organisation (INMO) and Fórsa representatives, have today (Wednesday 19th July) expressed their deep and intense frustration with the Government over its failure to resolve a long standing pay dispute involving thousands of Section 39, Section 10 and Section 56 workers.

The call comes following a last minute cancellation of a Workplace Relations Commission (WRC) by the government employers hearing for the fourth time.

SIPTU Health Divisional Organiser, Kevin Figgis, said: “Our members are beyond frustrated at this point. They want back what was taken from them: the 10% pay gap to be closed and the pay link with the public service workers restored in full. The strategy of dodge, delay, and deny won’t wash with our members and we are demanding that this matter be resolved once and for all. Our industrial and strike action has only been suspended, and if the Government does not intervene to settle this dispute, we will not be found wanting. We have the intolerable situation where members are being paid 2008 rates for work they do in 2023. This is completely unacceptable.”

SIPTU Public Administration and Community Divisional Organiser, Karan O’Loughlin, said “The wage cuts unilaterally imposed after the economic crash over a decade ago have been reversed all over the economy, but these workers are being left behind. This puts these essential services at risk and our members extremely frustrated. The reality is that we have a recruitment and retention crisis across the entire community health and voluntary sectors, so for government ministers to stand idly by while their department officials attempt to run down the clock and leave these workers high and dry time after time is completely intolerable. We won’t be standing for it and will be reactivating our strike notice if this disrespectful behaviour continues.”

Fórsa Health National Secretary, Ashley Connolly, said: “This latest delay is a very frustrating development, and adds a further strain on our members in this sector, who have had their patience exhausted by endless delays. The delay also puts additional pressure on employers in the sector, who are managing a deepening crisis on recruitment and retention, while service users continue to endure lengthening waiting lists due to staff shortages. We need decisive Government action to bring an end to the delays and uncertainty. Unions stand ready to negotiate in good faith. Equally we stand ready to engage with engage in industrial action. We will return to the WRC on 31st July, and our members will expect progress.”

INMO Director of Industrial Relations, Albert Murphy, said: “We are disappointed with yet another deferment from the employer’s side. We will attend the WRC on the 31st July with a firm expectation there will be a credible proposal from management to the unions involved in this long-running dispute. The workers who are at the centre of this dispute are not immune from the cost-of-living crisis. Their salaries have not meaningfully increased in fifteen years. The Government must take its role as a substantial financial backer to Section 39 organisations seriously and ensure that workers in these organisations have their salaries linked to the public service.”

SIPTU Radiation therapists forced to work extended days to complete cancer treatments

SIPTU members employed as radiation therapists are struggling to provide cancer treatments within the working day.

In a recent survey of members conducted among union members, 91% of respondents said that their location provided an ‘overrun service’ in order to keep on top of caseloads.

SIPTU Sector Organiser, John McCamley, said: “An overrun service occurs when the scheduled service runs beyond the normal finish time. This can happen for a variety of reasons such as the addition of an emergency patient who requires treatment, delays with scheduled treatments throughout the day, machine breakdowns and to accommodate patients on waiting lists. Most radiation therapists will continue to treat scheduled patients until they are all seen.

“Our members have said this is as the result of a stretched service which is in desperate need of more radiation therapists to meet demand. They have also said that the practice is leading to burnout and difficulties with childcare. However, they are doing it out of care for the patients they are treating.”

Separately, the survey revealed that 84% of respondents believed that the public at large was not aware of the role of the radiation therapist in treating cancer.

McCamley continued: “Critically, our members feel as though their role is not recognised as being as crucial as it is in the treatment of cancer. Respondents felt that there is an awareness of the role that chemotherapy and surgery plays in the treatment of cancer, but not radiation therapy. This is despite the fact that radiation therapy is one of the main treatments of cancer.

“There is a view among our membership that you will likely not appreciate the significance of the the role of the radiation therapist unless you’re unfortunate enough to require their help some day.”

The SIPTU Radiation Therapist survey was completed in February 2023 across public and private practice. There are currently approximately 300 radiation therapists practicing in Ireland. Radiation therapy uses targeted high energy x-rays to treat patients with cancer..

SIPTU members in National Ambulance Service vote overwhelmingly for strike action

SIPTU members in the National Ambulance Service (NAS) have voted overwhelmingly for strike action in a dispute resulting from the failure of management to fully implement the recommendations of a report on the reform and modernisation of the service.

SIPTU Sector Organiser, Ted Kenny, said: “The ballot which was counted on Friday (5th May) has returned a result of more than 95% in favour of strike action. The dispute has resulted from a failure of NAS management to fully implement the recommendation of the Review of Roles and Responsibilities Report which was jointly commissioned by the NAS, SIPTU and the HSE in 2018.

“This huge vote in favour of taking action demonstrates our members’ determination to ensure their employer honours its agreement in full when it comes to implementing widespread reform at the NAS.

“Our members have fully co-operated with a plan drawn up by management to develop the service and they expect commitments concerning new grades and pay scales, which were made to them, to be met. It is the function of management to secure the necessary funding to deliver the agreed vision for the service. This includes any payments arising to staff as part of their overall restructuring plan.”

He added: “We have advised NAS management of the outcome of our ballot. The exact date and nature of the industrial action that will now be taken will be finalised in consultation with our members.”

SIPTU survey of radiation therapists reveals looming staffing crisis in cancer services

A SIPTU survey of radiation therapists has found that cancer services in both public and private hospitals are facing into significant staffing issues due to most respondents saying they intend to leave the profession within the next five years.

SIPTU Sector Organiser, John McCamley, said: “The survey found that 60% of respondents did not see themselves working as a radiation therapists in five years’ time. Some cited excessive workloads, staffing issues and a lack of a career pathway as the reasons they are considering leaving the service. Some are actively applying for other roles, while others are returning to education to seek an alternative career.

“Radiation therapy is used to treat around half of cancer cases and staffing issues in the service will have a knock-on effect on treatment waiting times. The survey also found that 48% of respondents are either ‘dissatisfied’ or ‘very dissatisfied’ with their current workplace. Participants believe their pay does not reflect the level of competency required for the role and feel undervalued. Some said they are under pressure and ‘worried’ about the number of patients waiting for radiotherapy.

“The survey also found that 88% of respondents are dissatisfied with their level of pay for the functions they carry out and that the majority would not recommend radiation therapy as a profession.

“The findings of the survey are very troubling. SIPTU representatives have previously called on the Minister of Health, Stephen Donnelly, to put in place an emergency plan to deal with the imminent staffing crisis in radiation therapy. The findings of this survey demonstrate that there is a need to address staff concerns within the service.”

He added: “The survey was carried out with SIPTU members in both public and private practice among the approximately 300 radiation therapists actively working across the country during 2023. The majority of respondents were in the 18 to 34 age cohort. It is very worrying that most state that they do not see themselves working in the field long-term. It calls into question the sustainability of the service if a coherent plan is not put in place to recruit and retain staff.”

SIPTU members in the National Ambulance Service begin ballot for strike action

SIPTU members in the National Ambulance Service (NAS) have begun a ballot for strike action in a dispute regarding the failure of the HSE to fully implement a series of reforms which would benefit this vital public service.

The series of proposed reforms are contained in the Roles and Responsibilities Report for NAS, which was commissioned by NAS management, SIPTU and the HSE. It’s recommendations include the introduction of new grades of staff, new job descriptions and the upskilling of existing staff.

SIPTU Sector Organiser, Ted Kenny, said: “This report provides for a proposed new structure for the service, which includes revised pay scales for our members. Following months of intensive, local engagement on this issue with NAS management our representatives are deeply concerned that it is yet to be implemented.

“Our members have fully co-operated with the plan drawn up by management to develop the service and they expect commitments concerning new grades and pay scales which were made to them to be met. Our members will not accept any deviation from the reality that it is management’s function to secure the necessary funding to deliver the agreed vision for the service. This includes any payments arising to staff as part of their overall restructuring plan.”

He added: “SIPTU is of the view that the business case for the implementation of this report is outside the terms of the Building Momentum Public Service Agreement. We do not accept the premise that delivery of the service level aspects of the plan are permitted yet the commitments to staff in return are deemed to be a cost increasing claim. It is the function of management to secure the necessary funding to deliver the commitments it has made.”

The ballot for strike action will conclude on Thursday 4th May 2023.

SIPTU calls for investment in healthcare workers on World Health Day

To mark World Health Day (7th April), the SIPTU Health Division has called for more investment in the working conditions of all healthcare workers to be prioritised. Union members are seeking to end the unfair system in which support workers in the public health service receive less financial supports than other healthcare colleagues when they are the victim of an assault in the workplace. SIPTU members are also seeking a replacement scheme to financially assist those are suffering with the impact of Long Covid and fair pay for workers in Section 39 agencies.

SIPTU’s Health Divisional Organiser, Kevin Figgis, said: “World Health Day is an opportune time for us to reflect on the role that all healthcare workers play in the provision of health services in the State and to consider how they might be appropriately remunerated for the essential services they provide.

“SIPTU has been leading the campaign to end the unjust system in which healthcare workers who are employed as support workers do not receive the same level of financial support as their other healthcare colleagues if they are assaulted in the workplace. This policy has no place in a modern healthcare system which should respect the contribution and work of all healthcare workers equally.

“SIPTU and our colleague health unions are also still awaiting an engagement at the Workplace Relations Commission (WRC) regarding our claim for a replacement scheme to assist healthcare workers who are suffering with the impact of Long Covid. Healthcare workers, who stood on the frontline of the pandemic on behalf of the public, deserve assistance when dealing with the chronic impact of Long Covid.

“SIPTU is also actively campaigning for a fair resolution on the matter of pay justice for Section 39 workers. It is beyond belief that workers who are providing essential frontline services on behalf of the State are still waiting for this matter be dealt with in a fair and just manner.”

“There is no healthcare system without the workers that provide the services on which we all depend. All workers in the health service matter. Investment in the working conditions of healthcare workers is fundamental to building a decent healthcare system.”

Unions to attend WRC do discuss pay for staff in community and voluntary health and care services

The three unions representing staff working in community and voluntary sector agencies funded by the HSE – SIPTU, Fórsa, and the INMO – have confirmed the unions will attend the Workplace Relations Commission (WRC) on Monday 17th April.

The WRC meeting will mark the commencement of conciliation talks on the long-standing problem of pay terms for staff working in HSE-funded agencies providing health and care services.

While funded by the State, employees in a range of health professional, clinical, clerical and administrative grades are on lesser terms and conditions than their HSE counterparts.

SIPTU divisional organiser Kevin Figgis said: “The health minister acknowledged in the Dáil last October that the Government is the ‘main and often sole funder’ of these organisations, and that its funding affects the ability of agencies to improve pay and conditions. That acknowledgement means these talks must happen, and that a fair and sustainable solution is achieved.”

SIPTU’s divisional organiser Karan O’Loughlin added: “These pay disparities continue to have a detrimental effect on staff recruitment and retention, and ultimately on the capacity of these organisations to deliver services. It’s therefore crucial that we enter discussions with the funding bodies in order to resolve it once and for all,” she said.

Fórsa national secretary Ashley Connolly commented: “Our members across this sector continue to deliver vital services on behalf of the State, and so we welcome the opportunity to enter conciliation talks.

“The unions continue to work together on this issue and remain determined to secure a just and sustainable solution to the pay disparities for specialist staff in this sector,” she said.

The INMO’s director of industrial relations Albert Murphy said: “We welcomed the news last week that the Department of Children, Equality, Disability, Integration and Youth, and the Department of Health, confirmed they would attend the Workplace Relations Commission (WRC) along with the HSE, in future conciliation talks.

“It provided some badly needed progress. Unions have a shared and very clear idea of the scale of the problem. We remain determined to engage on the basis of making sure these agencies are sustainably funded and that the drift on pay and conditions is finally reversed after almost 15 years,” he said.

Until 2008, workers in these agencies received pay increases under national wage agreements. At the onset of the financial crisis they were subject to FEMPI pay cuts in line with the same cuts applied to public sector pay.

Limited pay restoration measures were eventually won by unions in 2019 but pay in these agencies remains significantly behind, and no formal mechanism for collective pay bargaining exists for workers in the sector.

Last week the unions confirmed they had served fresh pay claims on a number of employers in the sector.