Labour Court Database __________________________________________________________________________________ File Number: CD86840 Case Number: LCR10896 Section / Act: S67 Parties: EASTERN HEALTH BOARD - and - ITGWU |
Claim, on behalf of approximately 120 attendant staff at the Central Mental Hospital, Dundrum that the method of payment for public holidays and entitlement to "free days" be the same as those applying to prison officers.
Recommendation:
5. The Court recommends that the method of payment to the
claimants for public holidays and entitlements to free days be the
same as those applying to prison officers.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD86840 THE LABOUR COURT LCR10896
CC861383 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10896
PARTIES: EASTERN HEALTH BOARD
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim, on behalf of approximately 120 attendant staff at the
Central Mental Hospital, Dundrum that the method of payment for
public holidays and entitlement to "free days" be the same as
those applying to prison officers.
Background:
2. The workers concerned operate a twenty eight day duty roster
cycle consisting of two days on duty followed by two days off
duty. Of the two working days, one consists of 11.50 hours while
the other consists of 13.50 hours. Overtime rates are paid for
hours worked in excess of 160 in the twenty eight days (or 40
hours per week). In 1982, the Labour Court held an investigation
into a claim on behalf of these workers for premium payment to be
paid on an hour for hour basis for working Sundays and public
holidays. In Labour Court Recommendation No. 7466, the Court
conceded the claim in respect of Sundays i.e. double time to be
paid for hours worked on Sundays but rejected the claim in respect
of public holidays ("having regard to the difference between duty
rosters of attendants and prison staff"). At that time, prison
officers who worked on a public holiday were paid an additional
1/5 of a week's wages. From 1st January, 1983, prison staff
became entitled to eight extra "free days" per annum in addition
to their annual leave entitlement, in lieu of Good Friday and all
public holidays with the exception of Christmas day. This was
recommended in an agreed report arising from the Department of
Justice Conciliation and Arbitration Scheme. The Union sought
similar entitlements for these staff who have traditionally had a
relationship with prison staff for the purposes of determining pay
and conditions. The Board rejected the claim and on 18th August,
1986 the matter was referred to the conciliation service of the
Labour Court. No agreement was reached at a conciliation
conference held on 6th October, 1986 and the matter was referred
to a full hearing of the Labour Court. The hearing took place on
5th December, 1986.
Union's arguments:
3. (i) The "attendant" title is a misnomer for this grade
and is quite misleading in the sense normally used in
the health service. They are a unique grade in that
they must have a good appreciation of the psychiatric
and behavioural problems of their client group. They
must also cope with the additional problems which
arise from the fact that the patients are in all
cases a security risk and there is a vital custodial
function to the job.
(ii) As is common in the public service, the grade has a
clear, well-established relationship for purposes of
determining pay and conditions. This is with prison
officers and is not disputed by the Employer. In
turn, prison officers' general conditions are
influenced by reference to those applying in the
psychiatric service and the gardai.
(iii) In December, 1982, the agreed report arising from the
Department of Justice C & A Scheme recommended (among
other things) that:
" eight extra 'free days' be added to the annual
leave allowances .... on the basis that these
additional days are in lieu .... of all public
holidays .... etc. "
The current claim is for application of these
entitlements to the workers here concerned.
(iv) The existing arrangements lead to an anomaly. Staff
required to work on a public holiday receive their
normal day's pay and also get a day-off-in-lieu (i.e.
the equivalent of two days remuneration/leave).
However, staff who are rostered off on a public
holiday are in the same position. They are paid for
that holiday as part of their normal week's pay and
in addition have the benefit of the day off. There
is no recognition of the extra commitment involved in
working the public holiday. It was to meet this
problem that (as with the nursing service) the prison
officers were granted the eight additional days. It
has been considered that the regular requirement to
work a quota of public holidays justifies the
allocation of the additional leave; even though
there may be some small variation in how this
liability might arise.
(v) The current position constitutes a disruption in the
solid link which exists with the prison officers for
all conditions of employment. Several thousand
psychiatric and general nurses now enjoy conditions
which are denied to the staff in the Central Mental
Hospital. The system outlined is that which obtains
throughout the health services. There is no material
difference in the position of the staff here
concerned.
Board's arguments:
4. (a) The Union's claim has already been investigated and
rejected by the Labour Court. While attendants
employed at the Central Mental Hospital have a
relationship with prison officers in respect of certain
conditions of employment, the compensation applicable
for working on public holidays in respect of both
groups of workers has always been different. Even the
duty rosters of both groups of workers are different
and the Labour Court had regard to that fact when it
rejected the Union's claim in L.C.R. No. 7466.
(b) The compensation given to the attendants for working on
a public holiday is in accordance with Section 4 (1)
(a) of the Holidays (Employees) Act 1973.
(c) These additional "free days" granted to prison staff
were recommended by the Chairman of the Departmental
Council (Department of Justice) following his
investigation of a claim by the Prison Officers
Association for increased annual leave for all prison
officers association grades.
Therefore the additional "free days" were not
introduced as an improvement to the public holiday
entitlements but as an improvement to the annual leave
entitlements. (Copy of Report No. 15/1982 of the
Departmental Council was supplied to the Court).
(d) The Board's financial allocation for Non Capital Health
Expenditure in 1986 is #9 million less than what is
required to maintain services at the same level as
provided in 1985. Consequently, the Board, earlier
this year, approved the implementation of a 14 point
strategy aimed at achieving savings of #9 million.
However, at this point in time, the strategy plan has
not realised any significant savings. Therefore, the
Board does not have the financial resources to support
any improvement in the public holiday entitlements of
the staff concerned.
(e) This claim is subject to the provisions of Clause 3.3
of the Agreement on Public Service Pay.
RECOMMENDATION:
5. The Court recommends that the method of payment to the
claimants for public holidays and entitlements to free days be the
same as those applying to prison officers.
~
Signed on behalf of the Labour Court.
John O'Connell
__13th__January,__1987. ____________________
A. K. / M. F. Deputy Chairman