Labour Court Database __________________________________________________________________________________ File Number: CD92619 Case Number: LCR14005 Section / Act: S20(1) Parties: ST LUKE'S HOSPITAL - and - PSYCHIATRIC NURSES ASSOCIATION |
Dispute concerning the implementation date of the 39-hour week and overtime payments for excess hours worked on the night duty roster.
Recommendation:
5. The Court has given careful consideration to the submissions
from both parties concerned in the two claims submitted.
The Court recommends as follow:
(1) Implementation date for 39 hour week:- Whilst
recognising that the negotiations had been long drawn out
the Court having regard to the Central Agreement
recommends concession of the Union's claim for
implementation from 1/9/1990.
(2) Night Duty Roster:- The Court find that the basis for
this claim is not valid and accordingly does not
recommend its concession.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD92619 RECOMMENDATION NO. LCR14005
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: ST LUKE'S HOSPITAL
SOUTH EASTERN HEALTH BOARD
(REPRESENTED BY LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
and
PSYCHIATRIC NURSES ASSOCIATION
SUBJECT:
1. Dispute concerning the implementation date of the 39-hour week
and overtime payments for excess hours worked on the night duty
roster.
BACKGROUND:
2. 1. The Programme for National Recovery (P.N.R.) provided for
the introduction of the "39-hour week". It specified that the
introduction of the 39-hour week should have regard to the
costs involved and that it should be effected without recourse
to overtime working.
2. In October, 1989, a Management/Unions Working Group was
established to investigate the options for the 39-hour week.
The group reported in January, 1990 and identified various
options (details supplied). An Adjudication Committee was
also established, under the Chairmanship of a Deputy Chairman
of the Labour Court, to adjudicate on disputes regarding the
implementation of the 39-hour week. It was decided that where
formal agreements were reached prior to 1st July, 1990, the
reduction in working hours would be effective from that date.
3. Local discussions on the implementation of the reduced
working week began in St. Luke's Hospital in early 1990.
Various proposals were put forward but no progress was made.
The Chairman of the Adjudicating Committee wrote to the Board
in September, 1990 recommending resumed local discussions,
with the assistance of an Industrial Relations Officer of the
Labour Court (now Labour Relations Commission). The Chairman
also stated that discussions should be completed by 15th
October, 1990. This would allow an implementation date of 1st
September, 1990.
4. Local discussions resumed and a Labour Court conciliation
conference was held on 12th October, 1990. The Association
rejected the Board's proposals at conciliation. Further
proposals were put to the Association on 3rd December, 1990
and revised proposals were again put forward on 17th December,
1990 (details supplied). On 18th January, 1991, the Board's
proposals were accepted by the Services Industrial
Professional Technical Union, but rejected by the Association
which indicated that it was referring the dispute to the
Adjudication Committee.
5. The Adjudication Committee heard the dispute on 17th May,
1991 and issued its Recommendation on 15th July, 1991. The
Committee recommended that the reduction of working hours be
accepted without further delay. Following further
negotiations, the new rosters were put into operation on 1st
September, 1991 with retrospection to 1st April, 1991.
6. The Association remained in dispute with the Board
regarding the implementation date of the 39-hour week and
compensation for excess hours worked on night duty. The
excess hours worked on night duty are compensated on the
following basis:
(a) Night duty to be paid in respect of total hours
worked on night duty, i.e. 80.50 hours.
(b) Time-off on an accumulated basis in respect of the
extra 2.50 hours worked each week to be given at the
discretion of Management. (In effect this extra
time was rolled up into full days and in effect
provided an extra two to three additional off-duty
days per annum for each staff member working the
night duty rota).
7. The Association by letter dated 21st September, 1992
referred the dispute to the Labour Court under Section 20(1)
of the Industrial Relations Act, 1969. The Association agreed
to be bound by the recommendation of the Court. A Labour
Court investigation took place in Clonmel on 16th February,
1993 (the earliest date suitable to the parties).
ASSOCIATION'S ARGUMENTS:
Implementation Date:
3. 1. The Public Services Committee of the I.C.T.U. and the
employers agreed an implementation date of 1st September,
1990 for the introduction of 39 hour week. The Association is
unaware of any public or private employment which has an
implementation date later than the expiry of the P.N.R. (31st
December, 1990). It is also unaware of any public service
staff grouping with an implementation date later than 1st
September, 1990. This date is consistent with the other
psychiatric hospitals under the Board's control (details
supplied).
2. The workers are at a financial loss as premium payments
which amount to 23% of salary were calculated at 1/40th of pay
rather than 1/39th over the period in dispute.
Overtime
3. Workers earn basic salary by working 78 hours per
fortnight. The Board's proposals for the implementation of
the 39 hour week require the working of 2.50 hours extra
compulsory overtime, with no basic payment other than the
night premium. The Association is seeking the payment of
proper overtime rates. This would save the Board money
(details supplied).
4. The granting of time-off in lieu is at the discretion of
management. This may not be suitable to the nurse or the
proper management of the ward. The payment of overtime is a
better option.
BOARD'S ARGUMENTS:
4. 1. The Board commenced negotiations with the Association on
the implementation of the 39-hour week at the earliest
possible date. It did not hinder negotiations at any stage.
It was always clear that the implementation date would be
conditional on when agreement was reached.
2. If the Association's claim is conceded, it will cost the
Board #47,000. The Board does not have funding to meet this
cost. The Board has made considerable efforts to have the
reduced working hours implemented from an early date. This
was achieved in other hospitals in the Board's area.
Overtime
3. The Framework Agreement on Hours of Work stated as one of
its objectives that any reduction in hours should be effected
without recourse to overtime working. The joint
Management/Unions Working Group specifically ruled out
additional overtime working as an option on the basis "that
nurses rarely work overtime except on a time-off in lieu
basis".
4. The Board is satisfied that the present method of
compensating workers for excess hours on the night duty roster
is fair. It has been accepted by other Staff Associations in
the Hospital.
RECOMMENDATION:
5. The Court has given careful consideration to the submissions
from both parties concerned in the two claims submitted.
The Court recommends as follow:
(1) Implementation date for 39 hour week:- Whilst
recognising that the negotiations had been long drawn out
the Court having regard to the Central Agreement
recommends concession of the Union's claim for
implementation from 1/9/1990.
(2) Night Duty Roster:- The Court find that the basis for
this claim is not valid and accordingly does not
recommend its concession.
~
Signed on behalf of the Labour Court
Evelyn Owens
___________________
22nd March, 1993 Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.