Labour Court Database __________________________________________________________________________________ File Number: CD93443 Case Number: LCR14218 Section / Act: S26(1) Parties: EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Sunday premium pay - restoration.
Recommendation:
5. The Court has considered all of the views expressed by the
parties in their oral and written submissions.
It appears to the Court that there are few promotional prospects
for nursing staff. The training and education of nurses provide
one of these.
If suitably qualified and committed staff are to be attracted to
such positions, it is the view of the Court that an adequate
incentive other than the social convenience of the job will need
to be provided.
The Court would recommend to the parties, that they address this
issue to ensure the most competent staff are attracted to tutor
posts. The Court, however, in all the circumstances does not
consider a case has been made to warrant the concession of the
union's claim and accordingly it is rejected.
The Court so recommends.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD93443 RECOMMENDATION NO. LCR14218
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: EASTERN HEALTH BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Sunday premium pay - restoration.
BACKGROUND:
2. The workers concerned are employed by the Health Board as
nursing tutors. They are responsible for the training of
psychiatric nurses. Prior to 1975 tutorial staff were rostered on
a Monday to Friday basis. In 1975, the Irish Transport and
General Workers' Union submitted a claim on behalf of tutors to
have their roster extended over seven days. With effect from
July, 1977, the tutors' roster was changed to include working
alternate Sundays. In 1988, the Health Board reduced the tutors'
attendance on Sundays to one Sunday in four and in 1991, it
completely discontinued Sunday working for the workers concerned.
The Union claims that the elimination of Sunday working has
substantially reduced the earnings of the workers concerned and
submitted a claim for the restoration of Sunday working. The
Health Board rejected the claim. Local level discussions took
place but no agreement could be reached and the matter was
referred to the Labour Relations Commission. A conciliation
conference was held on 3rd May, 1993. At conciliation the Union's
proposal that the Health Board apply the "Castlerea Formula"
(L.C.R. 13358 - there has been agreement that this should be
applied nationally where appropriate) was rejected by the Health
Board. As no agreement could be reached the matter was referred
to the Labour Court on 22nd June, 1993. The Court hearing took
place on 20th August, 1993.
UNION'S ARGUMENTS:
3. 1. The psychiatric nurse tutor has a vital contribution to
make to the development of psychiatric nursing. In recent
years there has been substantial developments in the structure
of nurse training in the Eastern Health Board area as well
training generally.
2. This change has resulted from the new direction in the
delivery of mental health services. The
de-institutionalisation project has created huge demands for
new skills for psychiatric nurses.
3. As part of E.C. moves to harmonise nurse training, the
theoretical component of the pre-registration period is to be
extended from twenty-eight to forty weeks. It has been
decided to implement this extended training period without the
allocation of any additional resources. The implications for
tutors are alarming.
4. Apart from the increasing workload, the educational skills
of tutors has been extended in recent years. To keep ahead of
developments numerous courses have been undertaken by the
workers concerned.
5. The removal of premium earnings from the tutors goes to
the root of the nursing pay structure. The Union cannot
accept that the Health Board's budgetary position can be put
forward as a reason to reduce the earnings of the workers
concerned.
6. The workers concerned are poorly rewarded for the
responsibility involved in their work vis a vis other nursing
grades who have access to approximately 20% additional
earnings for week-end and night duty.
7. In the past the Labour Court has taken account of the
premium earnings factor in setting the level of nurses' pay.
8. Compensation should be paid to the workers concerned as
follows:-
(A) The introduction of the terms of L.C.R. 13358.
(B) The introduction of a significant allowance which
takes account of the substantial development in the
services provided by the Health Board's training
school, which would restore the relative value of
the pay scale of the workers concerned.
HEALTH BOARD'S ARGUMENTS:
4. 1. Restoration of Sunday rostering or compensation for loss
of same is not possible for the following reasons:-
(A) The psychiatric nurse tutors is primarily
responsible for the education of psychiatric nurses
and the implementation of an efficient psychiatric
nurse training programme in accordance with the
psychiatric nursing syllabus as laid down by An Bord
Altranais. As student nurse classes and tutorials
are provided on a Monday to Friday basis, there is
no necessity for tutors to be rostered for duty at
weekends.
(B) The psychiatric nurse tutor has no direct patient
care commitment and accordingly there is no need for
their services at weekends.
(C) When rostered for Sunday duty, the tutors had to be
allowed a day off during the week. Since nurses
formal training, lectures, etc. are organised on a
Monday to Friday basis, the Tutors working week
should be compatible with this position. A Monday -
Friday roster for Tutors would further enhance the
training and education services for all nurses.
(D) No other tutors in the employment of health boards
are rostered for week-end duty.
2. The Board advised the staff concerned and their
staff representatives in 1988 of its intention to
eliminate Sunday rostering for tutors. This
position of intent was also stated in the Board's
submission to the Labour Court on the 10th June,
1989. Therefore, there is no basis for compensation
for loss of earnings because the tutors received
over 2 years notice that the premium earnings were
to cease.
3. A claim by the I.T.G.W.U. on behalf of Psychiatric
Nurse Tutors employed in all health boards, with the
exception of the Eastern Health Board for week-end
rostering was the subject of L.C.R. No. 6225. The
Recommendation states:-
"The Court does not see merit in this claim and
does not recommend concession of same. The
Court finds it difficult to understand how such
a claim could be justified in the present
economic circumstances in as much as the stated
objective of the claim is to obtain higher
remuneration for the same work by performing
the work during unsocial hours when it is clear
that same can be performed more effectively
during normal working hours."
The Court's reason for rejecting that claim is
equally applicable to this case and is even more
pertinent and significant at present due to the
on-going difficult economic circumstances that
exists in the health services.
4. The Board has had to sustain a shortfall in its
financial allocation over the past number of years
and this continued to be the case as demonstrated
below:-
Year Shortfall in Allocation
1987 #9.29 million
1988 #6.112 million
1989 #5.119 million
1990 #1.938 million
1991 #6.0 million
1992 #1.761 million
1993 #3.798 million
The reduction in the Board's allocation over the
past number of years necessitated that overtime and
premium earnings be significantly reduced. In 1991
when Sunday rostering was eliminated for tutors the
Board had to achieve budgetary savings of #6.0m in
order to live within its financial allocation. The
continuation of unessential rostering at week-ends
or the payment of compensation in respect of the
loss of unsocial hours payments would no doubt lead
to a curtailment of patient services and a reduction
in staffing.
5. It has became increasingly difficult in recent years
for the Board to continue to achieve budgetary
savings and efficiency measures. Indeed the
budgetary targets set for this year are not being
achieved and further corrective measures will be
required. The Board will be calling a meeting of
all staff representatives in the near future, to
discuss and outline the position to them. Having
regard to the budgetary measures that had to be
taken by the Board in recent years, such as
voluntary redundancy, non-filling of vacancies and
reducing premium payments, the Board cannot afford
to restore Sunday rostering to tutors or to pay
compensation for loss of same.
6. When a similar claim on behalf of the tutors was
before the Labour Court in 1989, the Court in its
recommendation No. 12440 noted the financial
constraints on the Board and did not recommend
concession of the claim.
These financial constraints still exist and are more
acute this year because of the increasing difficulty
in identifying areas where savings can be achieved.
RECOMMENDATION:
5. The Court has considered all of the views expressed by the
parties in their oral and written submissions.
It appears to the Court that there are few promotional prospects
for nursing staff. The training and education of nurses provide
one of these.
If suitably qualified and committed staff are to be attracted to
such positions, it is the view of the Court that an adequate
incentive other than the social convenience of the job will need
to be provided.
The Court would recommend to the parties, that they address this
issue to ensure the most competent staff are attracted to tutor
posts. The Court, however, in all the circumstances does not
consider a case has been made to warrant the concession of the
union's claim and accordingly it is rejected.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
_____________________
18th October, 1993. Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.