Labour Court Database __________________________________________________________________________________ File Number: CD94231 Case Number: LCR14644 Section / Act: S26(1) Parties: MID-WESTERN HEALTH BOARD - and - A WORKER;THE IRISH NURSES ORGANISATION (I.N.O.) |
Condition of employment.
Recommendation:
The Court is satisfied, having considered the submissions, written
and oral, made by both sides, that equity would best be served by
the claimant accepting the same terms as those accepted by his
A.C.N.O. colleagues.
The Court recommends, accordingly, that the Union accepts the
offer made by the Mid-Western Health Board.
Division: Mr Flood Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94231 RECOMMENDATION NO. LCR14644
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MID-WESTERN HEALTH BOARD
AND
A WORKER
(REPRESENTED BY THE IRISH NURSES ORGANISATION (I.N.O.))
SUBJECT:
1. Condition of employment.
BACKGROUND:
2. The dispute concerns a claim for compensation by the worker
for excess hours worked on night duty since 1985 at Our
Lady's Hospital, Ennis, Co. Clare.
The worker was one of 6 Assistant Chief Nursing Officers
(A.C.N.O's) working at the Hospital in 1985. A Labour Court
Recommendation in 1985, introduced a change of night-duty
roster for general nursing staff. The general body of
nursing staff worked 13, rather than 14 nights, in a 28-day
period. However, A.C.N.O's worked 14 nights i.e. 12 hours 18
minutes in excess of the required 160 hours per 28-day
period. In 1990, the A.C.N.O. group, with the exception of
the worker concerned, indicated in favour of leaving the
existing roster in place and taking the excess hours as time
off on day duty in future. The claim by the worker is that
the excess hours should be paid at the appropriate overtime
rate.
In 1991, the dispute, which concerned the 6 A.C.N.O's was
referred to the Labour Relations Commission. Following a
conciliation conference on 21st November, 1991, and a number
of local meetings, a draft agreement was put forward on 24th
June, 1992, as follows:-
Agreement regarding compensation for additional rostered
hours worked on night-duty by Assistant Chief Nursing
Officers, Our Ladys Hospital, Ennis, Co. Clare.
1. The existing roster will continue to operate.
2. Premium payment will be paid for fourteen nights in
a four week period of night-duty but flat rate will
be paid for thirteen nights only.
3. The extra night worked will be taken as time owed
on day-duty at flat time.
4. Compensation for additional rostered hours
accumulated to date will be paid at flat time rate.
5. This agreement precludes Assistant Chief Nursing
Officers from claiming monetary compensation in the
future for the additional rostered night worked.
6. This agreement will operate from the date on which
the Board agree to pay the compensation for the
accumulated time owed.
The draft agreement was accepted by 5 of the 6 A.C.N.O's.
The worker concerned, who did not attend the meeting on 24th
June, 1992, rejected it at a later date. Compensation was
paid to the 5 A.C.N.O's in December, 1992.
A second conciliation conference was held on 12th January,
1994. The Board offered the June, 1992 draft agreement. The
Industrial Relations Officer put forward a proposal that the
worker accept the deal offered in June, 1992, but be paid
compensation to January 1994. The Board rejected this
proposal.
The dispute was referred to the Labour Court on 25th April,
1994, under Section 26(1) of the Industrial Relations Act,
1990. A Labour Court hearing took place on 9th December,
1994.
UNION'S ARGUMENTS:
3. 1. The worker was not informed in 1985 that changes in
night-duty rosters were being negotiated. The delay in
resolving the dispute has been a cause of stress to the
worker.
2. In July, 1990, the Board threatened to remove the worker
from the night-duty roster as a result of the ongoing
dispute. There has been a deterioration in working
relationships as a result of the dispute.
3. The worker should not be expected to work more than 13
nights in each 28-day period.
BOARD'S ARGUMENTS:
4. 1. The A.C.N.O. group, including the worker concerned, were
anxious to retain the roster which involved working 14
nights. All except the worker accepted the draft
agreement of 24th June, 1992.
2. The compensation available to the 5 A.C.N.O's in
December, 1992 is still available to the worker. It
would be unfair to the other A.C.N.O.'s if further
compensation was paid to the worker for time worked
after December, 1992.
3. The Board could be faced with further claims from the
group of A.C.N.O's if the agreement of December, 1992
was changed in favour of the worker.
RECOMMENDATION:
The Court is satisfied, having considered the submissions, written
and oral, made by both sides, that equity would best be served by
the claimant accepting the same terms as those accepted by his
A.C.N.O. colleagues.
The Court recommends, accordingly, that the Union accepts the
offer made by the Mid-Western Health Board.
~
Signed on behalf of the Labour Court
21st December, 1994 Finbarr Flood
C.O'N./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.