Labour Court Database __________________________________________________________________________________ File Number: CD91410 Case Number: LCR13454 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for compensation for loss of earnings.
Recommendation:
5. The Court in the light of the 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__________________________________________________________________
CD91410 RECOMMENDATION NO. LCR13454
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTHERN HEALTH BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for compensation for loss of earnings.
BACKGROUND:
2. The claim concerns psychiatric nurses who are employed on
night duty at St. Stephens and Our Lady's Psychiatric hospitals in
Cork. Prior to the introduction of a 39-hour week nurses at the
hospitals worked an 84-hour fortnight on night duty. This
included 4 hours overtime paid at flat rate. In implementing a
39-hour week the Board proposed to abolish the overtime
arrangement as part of a new roster while implementing the
one-hour reduction by means of accumulated time off. The Union
claimed compensation for the overtime loss. Management rejected
the claim. The issue was referred to an Adjudication Committee of
the Labour Court which recommended that the parties negotiate
terms for the elimination of overtime and if agreement was reached
the 39-hour week should be implemented with effect from 1st
September, 1990. The Union accepts the Board's proposals in
relation to rosters but the parties could not agree on the level
of compensation for the overtime loss. The issue was referred to
the Conciliation Service of the Labour Court and a Conciliation
Conference was held on the 16th June, 1991 but no agreement was
reached. The issue was referred to the Labour Court for
investigation and recommendation on the 2nd August, 1991
UNION'S ARGUMENTS:
3. 1. The Board's proposals are in breach of the spirit of the
P.N.R. in relation to the 39-hour week. It was intended under
the Programme to improve conditions of the nurses concerned.
The Board's proposals will worsen their conditions by reducing
their earnings by significant amounts. In some cases the
losses to nurses who are on continuous night duty will range
from£800 to £1,000 p.a. This applies in both hospitals.
2. There is also the question about agreement to abolish the
day-in-eight. This was a day due to the hospital which the
Board agreed to abolish. It has not done so pending the
resolution of the compensation issue. There is a strong
precedent for the award of compensation. It was acknowledged
by the L.G.S.N.B. in talks on community services in an offer
which was subsequently endorsed and improved on by the Labour
Court (L.C.R. 13358 refers). In the present claim the Union
believes that there is a special case to go beyond the formula
used by the Court in that claim. It was never envisaged that
a national agreement intended to improve working conditions
should result in a loss for some nurses equivalent to three
weeks' pay. The Union asks the Court to recommend a factor of
five times the annual loss of earnings in this claim. The
loss should include loss of overtime payments and other loss
of premia resulting from the changed roster.
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 stated that it could not agree to the
introduction of a 39-hour week until the loss of earnings
claim is settled.
2. At conciliation the Board offered compensation to the
nurses concerned 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
this offer.
3. Due to the state of the 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 and 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 the 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.