Labour Court Database __________________________________________________________________________________ File Number: CD92216 Case Number: LCR13671 Section / Act: S26(1) Parties: SOUTH EASTERN HEALTH BOARD (S.E.H.B.) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Retrospective implementation of 39 hour week.
Recommendation:
5. Having regard to the central agreement of February, 1990 which
envisaged a conclusion of all negotiations and actual
implementation by 1st September, 1990, the Court recommends
concession of the Union's claim.
Division: Mr Heffernan Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92216 RECOMMENDATION NO. LCR13671
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTH EASTERN HEALTH BOARD (S.E.H.B.)
(ST. DYMPNAS HOSPITAL, CARLOW)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Retrospective implementation of 39 hour week.
BACKGROUND:
2. The workers concerned are employed by the Hospital as kitchen
and ward staff. In June, 1990, discussion took place with staff
on the implementation of the 39 hour week. Agreement was reached
with maintenance staff, laundry staff and cooks. Further
discussion took place in August, 1990, in an effort to reach
agreement in areas where agreement had not been reached. Having
failed to reach agreement locally management agreed to participate
in an adjudication hearing on 20th November, 1990. Subsequently
it was found that this date was unsuitable to staff
representatives. Further discussion took place in December, 1990
and revised proposals were put to the workers concerned in late
December, 1990. These proposals were accepted by the Union and
the 39 hour week was introduced with effect from 1st January,
1991. The Union submitted a claim that the 39 hour week be
retrospective to 1st September, 1990. The Hospital rejected the
claim. The matter was referred to the Labour Relations
Commission. A conciliation conference was held on 5th February,
1992 and as no agreement could be reached the matter was referred
to the Labour Court on 6th April, 1992. The Court hearing took
place on 6th May, 1992.
UNION'S ARGUMENTS:
3. 1. The 39 hour week should be implemented from 1st September,
1990 as per the agreement reached between the public service
committee of the Irish Congress of Trade Unions (I.C.T.U.) and
the Public Service Employers representatives.
2. Negotiations on the implementation of the 39 hour week
proved difficult. St. Dympna's Hospital was among the last
hospitals in which agreement was reached.
3. It was decided at arbitration to backdate the
implementation of the 39 hour week for nursing staff to the
1st September, 1990.
BOARD'S ARGUMENTS:
4. 1. Management agreed with the Unions that where formal
agreement had been reached in advance of 1st July, 1990 on 1st
September, 1990, the reduction would be effective from that
date. The Board indicated through the L.G.S.N.B. that
subsequent agreements would be implemented from a current date
i.e. from the date of formal acceptance by the Union.
2. At a meeting held in December, 1990 it was made clear to
the workers concerned that agreements would be implemented
with effect from a current date. No objection to this
position was raised until the 6th March, 1991 some 2 months
later.
3. The S.E.H.B. has already concluded agreements on the 39
hour week to take effect from current dates. If this claim is
conceded the Board anticipate further claims from staff which
would cost an estimated #36,000.
4. Every effort was made by the Board to conclude an early
agreement, including attendance at an aborted adjudication
hearing on 20th November, 1990. It seems unreasonable to the
Board that further retrospection is been sought when it could
be argued that agreement could have been withheld indefinitely
by the workers concerned in the certain knowledge that they
were accruing time off anyway.
5. The Board wasted no time in attempting to reach agreement
on the reduction in the working week of the workers concerned.
RECOMMENDATION:
5. Having regard to the central agreement of February, 1990 which
envisaged a conclusion of all negotiations and actual
implementation by 1st September, 1990, the Court recommends
concession of the Union's claim.
~
Signed on behalf of the Labour Court
Kevin Heffernan
______________________
4th June, 1992. Chairman
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.