Labour Court Database __________________________________________________________________________________ File Number: CD87484 Case Number: LCR11410 Section / Act: S67 Parties: BEAUMONT HOSPITAL - and - ICTU GROUP OF UNIONS |
Claims, for (a) disturbance payment of #1,500, (b) a monthly C.I.E. commuter ticket, on behalf of 1,400 workers involved in the transfer from Jervis Street and Richmond Hospitals to Beaumont Hospital and (c) removal expenses (as those applying in the health board) for those workers who choose to move home following the transfer.
Recommendation:
5. The Court having considered the submissions from both parties
and the additional information submitted by the Union does not
recommend concession of any element of the three parts of the
claim.
Division: Ms Owens Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD87484 THE LABOUR COURT LCR11410
CC87549 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11410
PARTIES: BEAUMONT HOSPITAL
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
FEDERATED WORKERS' UNION OF IRELAND
LOCAL GOVERNMENT PUBLIC SERVICE UNION
ELECTRICAL ELECTRONIC TELECOMMUNICATIONS AND PLUMBING UNION
AMALGAMATED ENGINEERING UNION
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
ELECTRICAL TRADES UNION
MEDICAL LABORATORY TECHNOLOGISTS ASSOCIATION
UNION OF CONSTRUCTION AND ALLIED TRADES AND TECHNICIANS
IRISH NATIONAL PAINTERS AND DECORATORS TRADE UNION
IRISH MEDICAL ORGANISATION
NATIONAL UNION OF WOODWORKERS AND WOODCUTTING MACHINISTS
IRISH NURSES ORGANISATION
SUBJECT:
1. Claims, for (a) disturbance payment of #1,500, (b) a monthly
C.I.E. commuter ticket, on behalf of 1,400 workers involved in the
transfer from Jervis Street and Richmond Hospitals to Beaumont
Hospital and (c) removal expenses (as those applying in the
health board) for those workers who choose to move home following
the transfer.
BACKGROUND:
2. The opening of the new Beaumont Hospital later this year will
result in the transfer of hospital services and staff from the
Richmond and Jervis Street Hospitals. The number of staff
involved in the transfer is approximately 1,400 and they will
become employees of the new Beaumont Hospital. The Unions' by
letter dated 17th February, 1987 lodged the above mentioned claims
on behalf of all the prospective employees and the small number
who have already transferred to Beaumont Hospitals. There
followed a number of meetings at local level at which no agreement
was reached. The matter was referred to the conciliation service
of the Labour Court on 3rd April, 1987. A conciliation conference
was held on 15th June, 1987 a date suitable to both parties. As
no resolution was possible both parties agreed to a referral to
the Labour Court for investigation and recommendation. A Court
hearing was held on 9th July, 1987.
Unions' arguments:
3. (a) The move to Beaumont is of a far greater order of
distance than any move hitherto undertaken following on
Hospital re-organisation. Beaumont is approximately
five miles from the city centre, and is not
particularly well-served by public transport. There
has been considerable hostility among many groups of
workers towards the move.
(b) The payment of a lump sum of #1,500 to each member of
staff is based on Civil Service Arbitration Board
Finding Report No. 493, which conceded a disturbance
allowance of #800 to civil servants transferred from
Merrion Street to Abbotstown, Castleknock. This award
was made in October, 1984 - subsequent to the embargo
by Government on disturbance payments.
(c) The Beaumont move could involve greatly increased
commuting costs, particularly for those living on the
South and West sides of the city. Commuting from
Tallaght or Clondalkin to the city centre can be long
enough, involving over an hour's journey at the rush
hour. From these suburbs to Beaumont is an extremely
long journey, involving over three hours travelling per
day. While we do not have comprehensive information
for all staff, the Court should be aware that almost
50% of the staff nurses employed in Jervis Street or
Beaumont live South of the Liffey.
(d) Application of removal expenses. These arrangements
are agreed in the health board service, and provide for
assistance with house removal in the event of a
transfer. They would apply, for example in a move
between Mullingar and Portlaoise in the Midland Health
Board, Between Kells and Dundalk in the North-East or
between Limerick and Nenagh in the mid-West. If the
criteria of time spent travelling rather than distance
travelled is used, the real distance between Clondalkin
and Tallaght and Beaumont is greater than in the cases
quoted above.
(e) An expectation has been built up that a package will be
agreed to facilitate the move to the Beaumont Site.
The agreement reached in 1981 to the effect that staff
who agreed to move would be treated no less favourably
than those who would eventually transfer, served only
to heighten this expectation. Only a realistic and
constructive attempt by the Court to meet our claim
will resolve the problems which we are all confronting.
Hospital's arguments:
4. (i) Since the 1st January, 1984 the concept or practice
of disturbance payments no longer exists anywhere in
the public service.
(ii) The proposed move to the new Beaumont Hospital which
is the reason for the claim has been brought about by
the gradual move in the population from the centre
city to outlining suburban areas, in short, moving
facilities to where people now actually live. The
capital cost of building and equipping this new
facility is approximately #50m. For the staffs
involved in both Jervis Street and St. Laurence's
Hospitals it involves re-location of approximately
four miles from the city centre. As in most
re-locations this move is a move to a new and more
modern facility with much improved accommodation for
patients and working conditions for staff.
(iii) Having regard to the rationalisation of health
services that is currently under way, in time other
new facilities will be opened not only in Dublin but
in other parts of Ireland. This in part will involve
the re-location of large numbers of hospital
personnel from existing hospitals to new locations.
Any concession therefore, in respect of this claim
will have the inevitable effect of undermining
Government policy and lead to further claims for
costly and unproductive expenditure in both the
health service and in other areas of the public
service.
(iv) The claim for removal expenses would introduce a
totally new concept as such payments at present are
limited to personnel who secure promotion to an
office carrying a higher salary than the maximum
attaching to their existing office. Clearly the
circumstances of this case are fundamentally
different in that the claim concerns staff moving
from one location to another, not staff moving on
foot of promotion.
(v) The Court is, of course, aware of the current serious
financial difficulties being experienced in the Irish
health services. The Government has allocated #1.3
billion to run the Irish health services in 1987. It
has been publicly stated in recent weeks that no
extra money over and above that #1.3 billion can or
will be allocated this year. The total permanent
staff of 1,400 of both Jervis Street and St.
Laurence's Hospitals have been guaranteed employment
in the new Beaumont Hospital. The cost of this
present claim is estimated to be #2.6 million in
1987. In present circumstances this could only be
met through a reduction in services and consequential
significant job losses.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
and the additional information submitted by the Union does not
recommend concession of any element of the three parts of the
claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
Deputy Chairman
10th September, 1987
M. D. / M.F.