Labour Court Database __________________________________________________________________________________ File Number: CD9026 Case Number: LCR12770 Section / Act: S67 Parties: MILFORD HOUSE NURSING HOME - and - THE IRISH NURSES' ORGANISATION |
Claim by night duty nursing staff for the payment of a night duty premium at a rate of time plus one quarter.
Recommendation:
5. Premium payments for night work are not paid for historical
reasons including trade-off agreements between the parties and the
suitability, on a personal basis, of the hours for some of the
staff. The issue remains however and must be addressed.
Irrespective of agreements concluded in direct negotiations, the
parties are subject to the PNR in relation to cases such as this
one where dispute situations arise. Accordingly, the Court
recommends concession of the Union claim from the conclusion of
the PNR which the Court understands is the 1st January, 1991.
Division: CHAIRMAN Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9026 RECOMMENDATION NO. LCR12770
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MILFORD HOUSE NURSING HOME
(Represented by the Federation of Irish Employers)
and
THE IRISH NURSES' ORGANISATION
SUBJECT:
1. Claim by night duty nursing staff for the payment of a night
duty premium at a rate of time plus one quarter.
BACKGROUND:
2. 1. Milford House is a fifty one bedded private nursing home
catering for geriatric and convalescent patients. It is operated
by the Little Company of Mary, employing thirty five workers,
including ten registered general nurses and two state enrolled
nurses. Patient maintenance charges are currently #22 per day for
a semi-private room and #25 per day for a private room. Patients
are covered by their Health Board for a subvention of
approximately #8 per day.
2. 2. In 1984, some discussions took place on a claim by nurses
for night duty payment at a premium rate of time plus one quarter.
In February, 1985, following a Labour Court conciliation
conference involving a number of issues, a settlement package was
agreed.
Part of the agreement provided that:-
(A) "Five members of staff who are now temporary shall be
made permanent from 1st April, 1985 and be placed on
scale taking into account their continuous temporary
service.
(B) The claim for a night allowance would be shelved for a
minimum of 3 years".
The Union are now claiming that the Home did not honour its side
of the agreement as the five nurses were not appointed to
permanent posts. Accordingly, it is seeking six years
retrospection of time plus one quarter premium for night duty.
The Home has not conceded the claim for night duty pay premium but
has offered a further package for 1990, (commencing 1st January,
1990) part of which provides that:-
"all other claims, including the claim for premium
payments for night duty, be deferred until 1st January,
1991".
The package was rejected by the Union and the premium payment
issue was referred to the Labour Court. A conciliation conference
took place on 15th December, 1989. As no agreement was reached
the Union sought a full Court hearing. The Home agreed and the
Court investigated the dispute in Limerick on 20th February, 1990.
UNION'S ARGUMENTS:
3. 1. The claim was first raised with management in 1984. It
was rejected on the basis that there were several outstanding
claims and that individual claims would not be conceded as
management were only prepared to deal with all outstanding
claims as an amalgamation of all in a package. Subsequently,
the package agreed was not adhered to by management.
Accordingly, night duty nurses are now entitled to six years
retrospection of time plus one quarter premium pay for night
duty worked. It has always been the practice at Milford House
to concede pay awards for nurses from the date of the award,
with retrospection for time taken to process the claim.
3. 2. Nurses in the Home enjoyed the same basic rate of pay as
public sector nurses. Premium payments are made for Saturday
and Sunday working but not for night duty working.
3. 3. Milford House is Health Board subvented. Workers should
receive the same pay and conditions as those which apply in
the Health Services generally.
HOME'S ARGUMENTS:
4. 1. The payment of premium rates for night duty would
involve additional costs - #21,000 for six registered general
nurses and #9,000 knock-on effects. Any additional costs to
running the Nursing Home would have to be met from either
increased charges, increased fund raising or savings achieved
by reducing services elsewhere. In 1989, management had to
introduce a number of measures to improve the financial
position of the Home.
4. 2. Workers in the Home are private sector employees and as
such are not covered by the "special" awards applicable in the
public sector. They pay the full rate of PRSI.
4. 3. Rates of pay and conditions of employment in the Home
are already significantly better than those obtaining in
nursing homes throughout the country. An analysis of the
Irish Private Nursing Homes Association's members clearly
shows Milford rates as being significantly better than those
in other nursing homes (details of rates of pay and conditions
of employment in twenty two private nursing homes supplied to
the Court).
4. 4. Some of the nurses who work night duty are not available
for any day work. The five nurses mentioned in the 1985
agreement were made permanent in 1985.
4. 5. The claim for time plus one quarter for night duty is a
cost increasing claim and as such cannot be conceded under the
terms of the Programme for National Recovery.
RECOMMENDATION:
5. Premium payments for night work are not paid for historical
reasons including trade-off agreements between the parties and the
suitability, on a personal basis, of the hours for some of the
staff. The issue remains however and must be addressed.
Irrespective of agreements concluded in direct negotiations, the
parties are subject to the PNR in relation to cases such as this
one where dispute situations arise. Accordingly, the Court
recommends concession of the Union claim from the conclusion of
the PNR which the Court understands is the 1st January, 1991.
~
Signed on behalf of the Labour Court
Kevin Heffernan
2nd March, 1990 ----------------
A.McG/U.S. Chairman