Labour Court Database __________________________________________________________________________________ File Number: CD94343 Case Number: LCR14518 Section / Act: S26(1) Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning compensation for transfer.
Recommendation:
The Court in the light of the arguments made by the parties
considers that the agreement arrived at between the parties in
1990/1991 was the most appropriate for the staff concerned and
should be accepted as concluding the issue.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94343 RECOMMENDATION NO. LCR14518
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. Dispute concerning compensation for transfer.
BACKGROUND:
2. 1. In March 1991, the parties reached an agreement on the
transfer of nurses from St. Finan's Hospital, Killarney
to the Acute Psychiatric Unit at Tralee General
Hospital. Under the terms of the agreement, (see
below), 42 nurses were transferred and each received
#546 in compensation.
2. The Union, in accepting the terms reserved the right to
re-negotiate the agreement in the event that the
"Castlerea formula", which was being negotiated at
national level, was more favourable.
3. The Union reactivated its claim for compensation,
stating that the agreement was an interim one and the
final position was to be the subject to the eventual
outcome of national negotiations. The Union is claiming
a further payment based on the difference between the
amount received by its members under the local agreement
and that which would be due to them under the Castlerea
formula.
THE CASTLEREA AGREEMENT PROVIDES:
Travelling expenses will be paid to Nurses moving
to new services for a period of two years. They
will be paid in accordance with the bands set out
below. The distances will be calculated from the
member's home and will be payable in respect of
each day worked. The distances are for a return
journey in each case.
8 to 18 miles #3.00 per day
19 to 28 miles #4.25 per day
29 to 38 miles #5.50 per day
Distances in excess of 38 miles will be calculated
pro rata i.e. 1/38th of #5.50 for each mile in
excess of 38.
THE KILLARNEY/TRALEE AGREEMENT PROVIDES:-
(a) A total of #23,000 (#546 x 42) will be made
available by the S.H.B. for division among
those existing nurses giving a commitment to
operate in the Acute Unit in Tralee under the
existing rotational arrangement in St.
Finan's (grades from Nursing Officer down to
Staff Nurses).
(b) Deputies:
Due to the different rotation for Deputies a
sum equating to 1/12th of #546 for the Night
Duty scale will be available.
The maximum payment per individual, if there
are less than 42 volunteers, will be #546.
4. The Board rejected the Union's claim and the dispute was
referred to the Labour Relations Commission. A
conciliation conference took place on 7th June, 1994 but
no progress was made. The dispute was referred to the
Labour Court under section 26(1) of the Industrial
Relations Act, 1990 on 27th June, 1994. A Labour Court
investigation took place in Limerick on 29th June, 1994.
UNION'S ARGUMENTS:
3. 1. Under the terms of the national agreement arising from
the Castlerea formula, the 42 nurses who transferred
would between them be entitled to payment amounting to
#61,000 as against the #23,000 paid under the
Killarney/Tralee interim agreement.
2. The Union, by letter dated March 25th 1991, made its
position very clear. The Union's position was accepted
by the Board at the time and it cannot now argue that
the Killarney/Tralee formula is the final word on the
Union's claim.
3. There is only one agreement in force which deals with
the movement of nurses from institutional to community
settings and that is the Castlerea formula. Any future
movements within the Board's area will be compensated by
the terms of the Castlerea formula. The Board has
acknowledged this fact. In that context it is
unreasonable to penalise the first volunteers.
BOARD'S ARGUMENTS:
4. 1. The Board understood the 1991 agreement to be the end of
the issue. The agreement reached compensated those who
transferred while taking account of local needs and the
nurses' aspirations (details supplied). Had the Board
been aware of the Union's plan to submit a follow-up
claim, it would have negotiated with only 14 workers to
transfer. The other vacancies would have been filled by
new appointments and transfer requests.
2. The Unions indicated that they would prefer a situation
where all staff would have an opportunity to work in
Tralee to gain experience of acute psychiatry. The
Board should not be penalised for acceding to the
workers' request
3. All nurses who volunteered to go to Tralee got some
compensation. There is no long-term requirement to stay
in Tralee provided replacement staff become available.
By applying the Castlerea formula at this stage, a
substantial number of nurses would be entitled to no
compensation and compensation already paid would have to
be recovered. No other workers could get experience of
working in Tralee. The 1991 agreement was fair and
reasonable and appropriate to the workers in psychiatric
services in the locality.
RECOMMENDATION:
The Court in the light of the arguments made by the parties
considers that the agreement arrived at between the parties in
1990/1991 was the most appropriate for the staff concerned and
should be accepted as concluding the issue.
The Court so recommends.
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Signed on behalf of the Labour Court
28th July, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.