Labour Court Database __________________________________________________________________________________ File Number: CD89270 Case Number: LCR12454 Section / Act: S67 Parties: BEAUMONT HOSPITAL - and - FEDERATED WORKERS' UNION OF IRELAND |
Dispute concerning (1) compensation when a boilerman is rostered off duty on a Public Holiday and (2) payment of wages to the boilerman going off duty on Wednesday afternoon.
Recommendation:
11. Having considered the submissions made in respect of the two
claims the Court recommends as follows:-
(a) Payment for Public Holidays
In light of the practice established in the hospital the
Court does not recommend concession of this claim.
(b) Payment of Wages
Having regard to the difficulties involved in extracting
individual cheques from the payroll system the Court
does not recommend concession of this claim for the
minority of workers now concerned but suggests that they
accept the offer of express posting as the best
solution.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89270 RECOMMENDATION NO. LCR12454
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BEAUMONT HOSPITAL
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Dispute concerning (1) compensation when a boilerman is
rostered off duty on a Public Holiday and (2) payment of wages to
the boilerman going off duty on Wednesday afternoon.
BACKGROUND:
2. There are 9 boilermen (including a chargehand) employed in
Beaumont Hospital. Most of them have previously worked as
boilermen in Jervis Street and Richmond Hospitals. Some of the
men transferred to Beaumont seven years ago.
3. Apart from the chargehand who works a straight day the
following shifts are operated 8.00 a.m. to 4.00 p.m.; 4.00 p.m. to
midnight; and midnight to 8.00 a.m.
4. In late 1988 and early 1989 the Union raised the issues of
payment for being rostered off duty on a Public Holiday instead of
time off in lieu and also that the wages cheque be made available
on Wednesday evening for the worker finishing the 8.00 a.m. to 4
p.m. shift.
5. Prior to the amalgamation of the 3 hospitals payment was made
to those workers who were rostered off duty on a public holiday.
Since the amalgamation they have been given time off in lieu.
6. The weekly pay out of wages for boilermen is 11.00 a.m. on
Thursdays. The weeks shift for one boilerman finishes on
Wednesdays at 4.00 p.m. and he does not resume duty until the
following Saturday afternoon. Prior to the amalgamation of the 3
hospitals the boilermen employed at Beaumont were paid manually.
Since 3rd December, 1987 the payroll for the hospitals has been
computerised via the Mater Hospital terminal. The number of
boilermen effected by the change is seven. Of these seven, four
are now on credit transfer whereby the cheque is guaranteed to be
in the account by 7.00 a.m. on Thursday.
7. A meeting was held between the parties at which the Union
sought a guarantee from the Hospital that the cheques for the
workers not on credit transfer would be available when they
finished the Wednesday shift at 4.00 p.m. The Hospital stated
that they were not in a position to give such a guarantee and
suggested that the workers concerned should avail of the credit
transfer facility or that the cheques would be posted to the
individuals homes by express post. The Union informed the
Hospital that the workers were not prepared to avail of these
options.
8. The issues were then referred to the conciliation service of
the Labour Court on the 8th March, 1989. A conciliation
conference was held on 20th April, 1989. As no agreement was
possible both parties consented to a referral to the Labour Court
for investigation and recommendation. A Court hearing was held on
the 18th May, 1989.
UNION'S ARGUMENTS:
9. 1. Prior to the amalgamation of the three hospitals, porters
who worked on public holidays on their rostered days off were
paid overtime instead of receiving time off in lieu. The
Hospitals decision to grant time off in lieu has resulted in
an average annual loss of #400 for some workers. The Court is
asked to recommend that the Hospital revert back to the
situation which applied prior to the amalgamation of the three
hospitals.
2. The roster system for boilermen is unique in the Hospital.
The Union is seeking to have a manual cheque made available
for the man finishing duty on Wednesday evenings. The
arguments put forward by the Hospital as to why this is not
possible amount to no more than administrative inconvenience.
There is a similar system in operation in another Health
Board.
HOSPITAL'S ARGUMENTS:
10. 1. Payment for public holidays may have been made in Jervis
Street and St. Laurence's and Beaumont Hospital prior to the
amalgamation on 29th November, 1987. This was for reasons
based on the shortage of manpower to operate the time off in
lieu concept. This situation rectified itself with the
opening and amalgamation of all the Boilerhouse services in
Beaumont Hospital. National criteria clearly states that time
off in lieu or payment can be made at the discretion of
management dependent on the exigencies of the service.
2. Payment of wages is processed off site in the Mater
Computer Bureau and the Hospital is dependent on independent
contractors to provide it with the cheques on time for the
11.00 a.m. payout on Thursday. It is therefore impossible for
the Hospital to guarantee in any way that cheques could be
available on a Wednesday evening. Also because of this system
it is not possible to provide for the issue of a manual
cheque. It is the Hospitals contention that the best way to
resolve the issue is for the workers concerned to opt for
payment of wages by credit transfer.
RECOMMENDATION:
11. Having considered the submissions made in respect of the two
claims the Court recommends as follows:-
(a) Payment for Public Holidays
In light of the practice established in the hospital the
Court does not recommend concession of this claim.
(b) Payment of Wages
Having regard to the difficulties involved in extracting
individual cheques from the payroll system the Court
does not recommend concession of this claim for the
minority of workers now concerned but suggests that they
accept the offer of express posting as the best
solution.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
3rd July, 1989 Deputy Chairman.
M.D./J.C.