Labour Court Database __________________________________________________________________________________ File Number: CD89723 Case Number: LCR12681 Section / Act: S67 Parties: COOMBE/ROTUNDA HOSPITALS - and - IRISH NURSES ORGANISATION |
Claim by the Union for the restoration of full rates of pay to student midwives.
Recommendation:
5. This practice of not paying student midwives for the period of
block release study was introduced in 1987 when many unpalatable
decisions affecting the earnings of hospital workers generally had
to be taken by Hospital managements because of their financial
situations. In context of general happenings at the time, the
student midwives were not treated harshly.
The reduction of their basic national rates was, however, unique
in the service and in the Court's view should have been negotiated
directly with the Union despite the fact that it was covered in
individual contracts. There was, however, a long delay on the
part of the Union in raising the issue and the effects are built
into the financial outcome of the years involved.
The Court, therefore, recommends that the claimants in this case
be paid half of the loss which they incurred and that the Union
and the Hospitals negotiate arrangements for future intakes of
student midwives having full regard for the effects of
alternatives.
Division: CHAIRMAN Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD89723 RECOMMENDATION NO. LCR12681
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: COOMBE/ROTUNDA HOSPITALS
(Represented by Federation of Irish Employers)
and
IRISH NURSES ORGANISATION
SUBJECT:
1. Claim by the Union for the restoration of full rates of pay to
student midwives.
BACKGROUND:
2. The Coombe and Rotunda hospitals provide training for
midwifery nurses. Students who are qualified nurses undertake a
two year course based on (1) provision of service, (ii) on-the-job
training and (iii) release for study. Both of these hospitals
have financial difficulties because of budgetary restrictions
imposed on voluntary hospitals since 1987. As part of a series of
measures to contain expenditure and maintain service levels, the
two hospitals decided that student midwives would not receive any
pay during their annual three week block release for study. This
form of saving was administered by reducing each student's salary
by an amount equivalent to 3 weeks' pay. The remaining salary was
divided by 52, thus allowing for the payment of a weekly wage at a
rate less than that which should obtain. The Coombe hospital
introduced the arrangement in July 1987, while in February, 1988
it became effective in the Rotunda. In December, 1988, the Union
discussed the issue at local level in the Coombe hospital.
Further discussions involving both hospitals failed to secure the
restoration of full student salaries. The dispute was the subject
of a Labour Court conciliation conference on 13th October, 1989.
As no agreement was reached, both parties requested a full Court
hearing. The Court investigated the dispute on 30th November,
1989.
UNION'S ARGUMENTS:
3. 1. The salary scales which apply to student midwives are as
negotiated through the Conciliation and Arbitration Scheme for
health service workers. All other training hospitals
including the National Maternity Hospital, Holles St (who
restored salary levels following Labour Court Recommendation
11748) pay the national salary scale applicable during
midwifery training.
3. 2. The reduction in pay was made without any consultation
or agreement (notification does not constitute consultation or
agreement). It results in a financial loss to students of
approximately #520 per annum. The Union rejects managements
suggestion that student midwives agreed to the reduction in
salary. From information supplied they could not have been
aware that the reduction equated to six weeks' pay over two
years.
3. Student midwives are qualified general nurses. They are
the only grade of staff who have to take a reduction in basic
pay. While training they are required to function at a very
high level of competency and accordingly, it is unjust to
reduce their rate of pay.
4. The Department of Health circular letter dated 23rd
April, 1987 (supplied to the Court) did not reduce the salary
of student midwives. Reductions specified only applied to
students commencing basic nurse training. At no time did it
propose to interfere with or adjust other nursing salary
scales.
5. Salary levels must be fully restored. Appropriate
retrospective payments should be made to all student midwives
who received reduced salary levels since the cost-cutting
measure was introduced in 1987.
HOSPITALS ARGUMENTS:
4. 1. Voluntary hospitals have had severe budgetary
restrictions imposed since 1987. The restrictions continue to
operate to the present day. Both hospitals, in an effort to
curtail expenditure, decided that, amongst a wide range of
cost-cutting measures, student midwives would not be paid
while on block release for study purposes. The total release
for study purposes is 13 weeks over the two year period, six
weeks of which is block release.
2. The current annual salary of a student midwife is #9,227
in year 1 and #9,528 in year 2. Student midwives also qualify
for full allowances e.g. night duty allowance, Sunday rates
payable during the normal working week. Allowances could
amount to approximately #2,000 per annum. This compares with
student nurses who are paid #3,313 in year 1, #5557 in year 2
and #8,022 in year 3.
4. 3. The hospitals do not accept the Union's argument that
the arrangement was a unilateral change in terms and
conditions, without consultation. The Coombe hospital wrote
to all prospective students in June, 1987 advising them of the
situation prior to their commencement of training in July,
1987. Students were offered a range of options on how the
reduction in salary was to be met (copy of letter which issued
to students appraising them of the situation and setting out
options supplied to the Court). The arrangement was
subsequently incorporated into the contracts of employment of
students (sample contract supplied to the Court). The Rotunda
Hospital was unable to provide any places to students in
October, 1987. Intending participants for the February 1988
intake were advised in advance of and agreed to, the
arrangement for block study release. Similarly the Union was
advised of the situation in May, 1987.
4. Many cost cutting arrangements were introduced in both
hospitals. Many other workers have suffered financial losses
and some workers have had considerable losses. The students
covered by the claim were not at any such loss as they were
aware of the situation prior to accepting positions.
5. The hospitals were in a position to offer more places on
the course because of the cost-cutting arrangement. Through
the service input of the students they were not forced to make
further cutbacks. The viability of providing midwifery
training may have been threatened had this cost-cutting
exercise not been employed.
RECOMMENDATION:
5. This practice of not paying student midwives for the period of
block release study was introduced in 1987 when many unpalatable
decisions affecting the earnings of hospital workers generally had
to be taken by Hospital managements because of their financial
situations. In context of general happenings at the time, the
student midwives were not treated harshly.
The reduction of their basic national rates was, however, unique
in the service and in the Court's view should have been negotiated
directly with the Union despite the fact that it was covered in
individual contracts. There was, however, a long delay on the
part of the Union in raising the issue and the effects are built
into the financial outcome of the years involved.
The Court, therefore, recommends that the claimants in this case
be paid half of the loss which they incurred and that the Union
and the Hospitals negotiate arrangements for future intakes of
student midwives having full regard for the effects of
alternatives.
~
Signed on behalf of the Labour Court
Kevin Heffernan
-------------------
12th December, 1989 Chairman
A. McG/U.S.