Labour Court Database __________________________________________________________________________________ File Number: CD86831 Case Number: LCR10898 Section / Act: S67 Parties: LGSNB - and - ITGWU;PNA |
Claim, on behalf of approximately 6,000 psychiatric nurses for a reduction in the working week from 40 to 35 hours.
Recommendation:
5. The Court does not recommend concession of this claim.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD86831 THE LABOUR COURT LCR10898
CC861119 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10898
Parties: LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
PSYCHIATRIC NURSES ASSOCIATION
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Claim, on behalf of approximately 6,000 psychiatric nurses for
a reduction in the working week from 40 to 35 hours.
Background:
2. Labour Court Recommendation No. 5731 of 11th May, 1980
considered this claim amongst others at that time. In relation to
this claim it stated:
"Reduction in hours:
The unions have asked for the introduction of a 35 hour
week. The employers estimate the cost of the immediate
concession of this claim, while maintaining the present
level of service would be of the order of #65 million
per year. Clearly this claim cannot be met
immediately. Psychiatric nurses at present work 80
hours per fortnight spread over 7/10 days per fortnight
depending on the local rosters.......... Without a
major review of staffing levels, rostering systems and
recruitment this objective could not be met
except by converting the existing 40 hour week into a
35 hour week with five hours overtime. That would be a
thoroughly bad way to meet the claim.
Nevertheless the Court feels that if there is to be a
general reduction in hours of work for people who now
work a 40 hour week, psychiatric nurses should be
amongst the first to benefit. The particular nature of
their work and the stressful environment warrants this.
Subject to these conditions the Court recommends that
on acceptance by the Unions, of this Recommendation
both sides should agree to begin planning a phased
reduction of working hours coupled with the
introduction of whatever manpower and training measures
are needed to ensure that it can be achieved with the
minimum detriment to the service provided for
patients."
The claim also came before the Court in the context of subsequent
pay rounds. On 30th June, 1986, the Unions referred the claim as
a separate issue to the conciliation service of the Labour Court.
A conciliation conference took place on 10th October, 1986 (the
earliest date suitable to the parties) but no agreement was
reached, the Board being unwilling to concede any reduction in the
working week at this time. The matter was referred to the Labour
Court for investigation and recommendation. A Court hearing took
place on 5th December, 1986.
Unions' arguments:
3. (i) The length of the working week is an issue which has
assumed much greater significance for nurses in recent
times, as a result of the impact of taxation, prices
and other factors which erode the real value of wage
increases.
(ii) Psychiatric nursing is a demanding and responsible job,
and, while nurses are renowned for their
professionalism and commitment, they work in
environments which are rarely pleasant and often
depressing. As the nature of the service changes there
will be even greater pressure on nurses, as the
emphasis on the custodial aspect of the job declines
and a more active approach takes its place. It is not
possible to expect that psychiatric nurses could
deliver such a service 40 hours of every week. The
cost benefits would probably, therefore, justify the
reduction in the working week from the point of view of
efficient health service expenditure.
(iii) Nurses have well established links with other public
service workers; specifically clerical/administrative
grades in the local authorities. These links have been
confirmed on numerous occasions by the Court. Nurses
are now the only significant officer grade in the
entire public service which continues to work a 40 hour
week.
(iv) Labour Court Recommendation No. 5731 has been a source
of some difficulty in attempts to negotiate
improvements in working hours. There is considerable
difficulty in interpreting what would constitute a
"general" reduction in hours of work. Furthermore,
psychiatric nurses have no link with "those people who
now work a 40 hour week" for any purposes whatsoever.
The Union submits that the statement by the Court
containing this phrase now needs to be withdrawn as a
basis for dealing with this issue. The Court's further
recommendation that:
"both sides should agree to begin planning a phased
reduction of working hours coupled with the
introduction of whatever manpower and training
measures are needed to ensure that it can be
achieved with the minimum detriment to the service
provided for patients."
has never been implemented, in spite of constant
pressure from the Unions.
(v) The position of psychiatric nurses is clearly
anomalous. There can be no argument to justify a
distinction between a nurse and a public service
colleague who works in an office setting. In this
case, the difference represents the rough equivalent of
six weeks extra work a year.
Board's arguments:
4. (a) The introduction of a 35 hour week (or its equivalent)
would necessitate the recruitment of an additional 800
psychiatric nurses and or a huge overtime bill. This
additional recruitment would add #12m per annum to the
payroll or alternatively #15m annually by way of
overtime payments. A similar concession to general
trained nurses would add an extra #36m per annum to the
payroll or alternatively #45m annually by way of
overtime payments. The overrun in health board budgets
for 1986 is estimated to be #25m. This when added to
the carryover of #12m for 1985 will result in a
cumulative deficit of #37m at the end of 1986.
The indications for 1987 are that allocations in real
terms will be no better than last year, resulting in
health boards having to operate within very restrictive
parameters as they attempt to stay within their budgets
for 1987 and at the same time effect savings of #37m.
Significant improvements in salaries were secured by
psychiatric nurses over and above wage round increases
in the last 6 years, which ranged from 35% to 40%. The
psychiatric nursing unions are currently pursuing a
claim for an 8% special increase.
(b) Psychiatric nurses enjoy generous time off arrangements
by virtue of the rostering arrangements. In practice
most psychiatric nurses only work 159 days a year.
Previous reductions in the working hours of psychiatric
nurses have only taken place against the background of
reductions in working hours generally. There has been
no general trend towards a reduction in the forty hour
working week. The Court invariably recommended against
any reduction in hours in the light of the financial
circumstances of many of the companies in which such
claims were served. Of 57,000 health service
employees, 46,000 work a forty hour week.
RECOMMENDATION:
5. The Court does not recommend concession of this claim.
~
Signed on behalf of the Labour Court
John O'Connell
____________________________
Deputy Chairman.
13th January, 1987.
A.K./J.C.