Labour Court Database __________________________________________________________________________________ File Number: CD89710 Case Number: LCR12699 Section / Act: S67 Parties: VALENTIA VILLAGE HOSPITAL - and - IRISH NURSES ORGANISATION |
Claim by the Organisation on behalf of 3 nurses for premium payments and reduction of hours in working week.
Recommendation:
5. Having considered the submissions made by the parties, the
Court recommends that the Hospital and Union meet and agree to the
introduction of standard hours of duty or payment for hours in
excess, the payment of premium pay rates for Saturday/Sunday and
bank holiday duty and annual leave premium on a phased basis over
the next three years commencing 1st January, 1990.
Division: Mr O'Connell Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89710 RECOMMENDATION NO. LCR12699
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: VALENTIA VILLAGE HOSPITAL
and
IRISH NURSES ORGANISATION
SUBJECT:
1. Claim by the Organisation on behalf of 3 nurses for premium
payments and reduction of hours in working week.
BACKGROUND:
2. The Hospital is run by the Valentia Hospital Company, which is
a non-profit making voluntary organisation. It is a 14 bed
Hospital providing both short and long term accommodation for
patients from the area. The Company's funds come by way of an
annual grant from the Southern Health Board (S.H.B.) together with
deductions from patients pensions and fund-raising activities.
Prior to 1984, the nurses were paid below the agreed national
rate, however, following negotiations with the Organisation it was
agreed to phase the nurses salaries up to the agreed national rate
for staff nurses over 2 years. The nurses must also give district
cover as well as Hospital cover. Until 1988, only 3 nurses were
employed. Since then a part-time nurse is employed for 20 hours
per week to cover district duties. The Organisation claims that
the nurses have a duty roster which commits them to a 50-56 hour
week, a commitment to a 10 night residency per month in the
Hospital and night duty. They do not receive any premium pay for
week-end, night or bank holiday duty. Annual leave premium have
never been paid in the Hospital. The Organisation is seeking that
the same conditions as apply to nurses nationally be applied to
the 3 nurses concerned. The Hospital, whilst sympathetic to the
nurses claims, maintains that its financial position does not
allow it to concede the claims. On 14th October, 1988, the
dispute was referred to the conciliation service of the Labour
Court. No agreement could be reached at conciliation conferences
held on 21st March and 22nd August, 1989, and the matter was
referred to the Labour Court on 6th October, 1989, for
investigation and recommendation. The Court investigated the
dispute on 13th December, 1989, in Tralee.
ORGANISATION'S ARGUMENTS:
3. 1. The Organisation is only seeking the same conditions
applying to all other nurses in the country. The Hospital's
attitude appears to be that the nurses agreed to a 50-56 hour
working week with all the conditions of their employment and
they should continue to do so. This attitude, the
Organisation believes, is unreasonable. The level of
responsibility and coverage of the nurses is far above the
norm.
2. In 1983, the nurses were being paid #3,500 below the
national negotiated rate of pay. Only after prolonged
discussions with the S.H.B. were their wages phased up to the
approved rate. They received no retrospection. In January,
1989, the Public Service Pay Agreement award due to them was
withheld without consultation and an award of 2.4% due on 1st
July, 1989, has not been paid.
3. The Organisation is seeking that the nurses be paid in
full for all hours worked in excess of 40 hour per week,
premium payments for weekend, bank holiday and night duty, and
payment of an annual leave premium. All with retrospection
for 6 years. The Organisation also wants the Hospital to
employ more nurses to enable staff to have a 40 hour week duty
rota.
HOSPITAL'S ARGUMENTS:
4. 1. The annual cost of running the Hospital is approximately
#90,000 per annum, towards which a grant of #60,000 is made by
the S.H.B. The Hospital is run at a loss each year which has
resulted in an overall deficit of #14,000. The financial
position of the Hospital does not permit it to concede the
claims.
2. Prior to January, 1989, the nurse who was on day duty also
provided the community service which meant leaving the
Hospital for a time each day. The nurse, however, was being
held professionally responsible for the Hospital patients
during the period spent in the district. Because of this
unsatisfactory situation in relation to responsibility for
Hospital patients, it was decided to use the extra part-time
nurse for community duties, enabling a nurse to be in the
Hospital at all times, rather than use the part-time nurse to
reduce the working hours per week. The nurses, therefore,
continue to work 56 hours per week, but the improvement in
relation to responsibility is an indication of the Hospital's
willingness to meet the nurses demands as far as possible.
3. All nurses employed at the Hospital are paid at the
maximum of the 8 point salary scale for nurses from the
commencement of their employment. The advantage to nurses of
being paid at the maximum point from the commencement of
employment is obvious. This advantage is not enjoyed by
nurses elsewhere.
4. Nurses at the Hospital have their meals while on duty and
no charge is made for the meals. Other hospitals in the
region charge employees for these meals which are outside of
duty hours.
5. Each nurse is given a #600 allowance per year in respect
of travel undertaken for community duties. This allowance is
paid irrespective of mileage travelled or time spent on
community work. The employment of the additional part-time
nurse has resulted in a considerable reduction in mileage
travelled without any reduction in the allowance.
6. Any proposal to introduce night duty and weekend premium
payments will inevitably lead to a review of the present
practice of paying salaries at the maximum point and of
providing free meals.
7. The Hospital has shown its willingness in the past to meet
the nurses claims where possible. The introduction of a sick
pay scheme and superannuation scheme and the employment of the
part-time nurse are evidence of this. Present practices
should continue for the time being while the Hospital liaises
with the Organisation to determine what further improvements
in the nurses conditions of employment can be introduced as
circumstances and funding permit.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court recommends that the Hospital and Union meet and agree to the
introduction of standard hours of duty or payment for hours in
excess, the payment of premium pay rates for Saturday/Sunday and
bank holiday duty and annual leave premium on a phased basis over
the next three years commencing 1st January, 1990.
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Signed on behalf of the Labour Court
John O'Connell
_________________________
10th January, 1990. Deputy Chairman
B.O'N./J.C.