Labour Court Database __________________________________________________________________________________ File Number: CD91412 Case Number: LCR13453 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - PSYCHIATRIC NURSES ASSOCIATION |
Claim by the Union for compensation for loss of overtime earnings.
Recommendation:
5. The Court in the light of submissions made by the parties
recommends that the Board amend its offer for compensation for
loss of earnings arising from changes to rosters due to the
introduction of the 39 hour week to a sum equivalent to two years
loss and that this offer be accepted by the staff concerned. The
Court further recommends that the proposed new rosters be
implemented without further delay and the reduction of hours made
effective from 1st September, 1990.
Division: Mr O'Connell Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD91412 RECOMMENDATION NO. LCR13453
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTHERN HEALTH BOARD
and
PSYCHIATRIC NURSES ASSOCIATION
SUBJECT:
1. Claim by the Union for compensation for loss of overtime
earnings.
BACKGROUND:
2. The claim concerns psychiatric nurses who are employed on
night duty at Our Lady's and St. Stephens Psychiatric Hospitals in
Cork. With the implementation of a 39-hour week as provided for
under the terms of the Programme for National Recovery (P.N.R.)
the nurses concerned would incur a loss of earnings arising from
the incorporation of regular and rostered overtime into current
shift patterns. Following numerous meetings between the parties
the issue was referred to an Adjudication Committee of the Labour
Court which recommended that the parties negotiate terms for the
elimination of overtime. The Union accepted the Board's proposals
on the method of implementing the 39-hour week, (Appendix A) but
no agreement was reached on the level of compensation for the loss
of earnings. The issue was referred to the Conciliation Service
of the Labour Court. A conciliation conference was held on the
16th January, 1991 but no agreement was reached. The dispute was
referred to the Labour Court for investigation and recommendation
by the Labour Relations Commission on the 1st August, 1991. A
Court hearing was held in Cork on the 25th September, 1991.
UNION'S ARGUMENTS:
3. 1. Practically all nurses employed at both hospitals can
avail of night duty and to date all night duty posts carry
additional payments (details supplied to the Court). The
combined total reduction in earnings to the staff at both
hospitals, with the implementation of the 39-hour week would
be in excess of £112,000 p.a. Psychiatric nurses in both
hospitals have become accustomed to the additional income for
many years and the proposed reduction will lead to a worsening
of their living standards.
2. The reduction of over £112,000 p.a. from night duty means
in effect a reduction of 8 posts in the staff complement, with
the overall implementation of the 39-hour week resulting in
the loss of over 400 hours or 10 staff. Having regard to the
implications for the reduction in earnings the Union seeks
compensation of three times the annual loss incurred. (In the
case of nurses at Our Ladys £1456 per post per annum. In the
case of St. Stephens £2,184 per post per annum). Such
compensation would assist the workers concerned in readjusting
to their reduced level of income and cushion against financial
problems arising. As all nurses who have a right to opt for
night duty may be adversely affected by this change the
compensation should be distributed accordingly.
3. Having regard to the fact that psychiatric nurses
generally have been in receipt of the benefits of a 39-hour
week for over twelve months the Union requests the Court to
uphold the recommendation of the Adjudication Committee in
relation to the implementation date for the 39-hour week. It
also requests the Court to uphold its claim for the
recruitment of extra staff to meet the short fall in working
hours.
BOARD'S ARGUMENTS:
4. 1. Management informed the psychiatric nurses in both
hospitals that if agreement was reached on the implementation
of a 39-hour week the Board would honour the implementation
date of 1st September, 1990, as recommended by the
Adjudication Committee. While the workers concerned accepted
the Board's proposals regarding the method of implementing the
39-hour week the Union states that it cannot agree to the
introduction of the 39-hour week until the loss of earnings
issue is settled.
2. At conciliation the Board offered compensation in the
amount of half the annual loss to the nurses involved in
regular night duty. It is estimated that the cost to the
Board would be approximately £50,000. Subsequently Management
offered to increase the compensation payment to 3/4 of the
annual loss, subject to receiving approval from the Department
of Health. The Union rejected the offer.
3. Due to the state of public finances the Board has to
operate in a critical financial situation. The Board's
proposals concerning the night duty system are fair and
reasonable taking into account the spirit of the 39-hour week
and the critical unemployment situation. There is no
financial gain to the Board in eliminating the built-in
overtime on night duty. The Union has been given a commitment
that full replacement will be provided, which in turn will
provide additional employment.
RECOMMENDATION:
5. The Court in the light of submissions made by the parties
recommends that the Board amend its offer for compensation for
loss of earnings arising from changes to rosters due to the
introduction of the 39 hour week to a sum equivalent to two years
loss and that this offer be accepted by the staff concerned. The
Court further recommends that the proposed new rosters be
implemented without further delay and the reduction of hours made
effective from 1st September, 1990.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
21st October, 1991 Deputy Chairman.
T.O'D./J.C.
APPENDIX A
Our Lady's Hospital
(a) Day duty staff on ward duties to accumulate one hour per week
so as to allow for a day off.
(b) One hour reduction per week for 5 day week staff on day duty.
(c) Night duty staff to be allowed a night off in each 4 week
period in order to achieve the 39 hour week.
(d) On the introduction of the 39 hour week, the Board would agree
to go to a third party to have the claim for loss of earnings
investigated in respect of the excess hours worked on night
duty.
St. Stephen's Hospital
(a) Elimination of the "day in 8" in respect of day duty staff on
ward duties and rosters to be adjusted to allow for this.
(b) One hour reduction per week for 5 day week staff on day duty.
(c) A night off in each 4 week period for staff on night duty.
(d) Claim for loss of earnings to be referred to a third party.