Labour Court Database __________________________________________________________________________________ File Number: CD95485 Case Number: LCR15038 Section / Act: S26(1) Parties: BEAUMONT HOSPITAL (Represented by L.G.S.N.B.) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;IRISH NURSES ORGANISATION |
Payment/time off arrangements for emergency on-call.
Recommendation:
5. It was clarified that the issues before the Court were
time-off arrangements, Public Holiday arrangements, overtime
arrangements. The other issues mentioned in Court were to be
agreed between the parties. The Court having considered the
written and oral submissions recommends as follows:-
(1) TIME-OFF
Call-outs on Sunday night to Thursday night:
- Between 5 p.m. to midnight - as at present
- Between 12 midnight to 2 a.m. - commence duty 2 hours
after normal starting time.
- Between 2 a.m. and 7 a.m. - Commence duty 4 hours after
normal starting time.
- Continuous attendance from 12 midnight to 6 a.m. (Sunday
night to Thursday night) - a full day off.
- Call outs over week-end - time off on a time for time
basis.
(in addition to the call-out fee).
2. PUBLIC HOLIDAY
Nurses rostered on stand-by to have the option of being
rostered for actual duty on the day and to be paid as
outlined by the hospital.
3. OVERRUN ARRANGEMENTS
The Court recommends that the proposal for staggered
starts should only apply to those currently working them
and to nurses employed in the area in the future.
Division: Mr Flood Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95485 RECOMMENDATION NO. LCR15038
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BEAUMONT HOSPITAL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
IRISH NURSES ORGANISATION
SUBJECT:
1. Payment/time off arrangements for emergency on-call.
BACKGROUND:
2. 1. There was no formal on-call arrangements for nurses
working in the X-ray department prior to 1988.
Time-off in lieu was granted to nurses called out after
hours to deal with emergencies.
2. In 1988, formal arrangements were introduced which
provided for:-
(i) X-ray nurses to be available to deal with
emergencies after hours on a rota basis.
(ii) In recognition of a nurse carrying a
bleep/pageboy over a 7-day period, a half
day's time off was granted to the nurse
available for after-hours work on that week.
(iii) A call-out fee for each emergency dealt with
after hours (£29.16 per call in current
terms).
(iv) Time off to be granted, depending on when the
call-out occurred (Sunday to Thursday night).
- For hours worked between 12 midnight and
2 a.m., the nurse would not be required
to report for duty until 2 hours after
normal starting time on the following day
- For hours worked between 2 a.m. and 7
a.m., a half day's leave (a.m.) would be
granted on the morning immediately
following the call.
- Hours worked after 7 a.m. would be deemed
to be an early start to the normal
working day.
In relation to weekend calls, time off
continued to be taken on a time-for-time
basis.
(v) Payment of mileage rates would be applicable
from home residence to hospital and return or
payment of taxi fare for the same journey.
3. These arrangements were subject for review after a 6
month period in operation. The only issue subsequently
raised by staff was a demand for additional time off
for carrying the bleep on an ordinary week and on a
week during which a public holiday falls. It was
agreed to the granting of an additional half day's
leave on the week in which a public holiday fell, i.e.
1 day's leave for carrying the bleep/pageboy.
4. The above compensation arrangements are currently in
operation for emergencies dealt with by X-ray nurses
after normal working hours.
5. The Union submitted a claim for enhanced compensation
for nurses "on-call" in the X-ray department above the
terms already in operation. Management rejected the
Union's claim on the basis that it was a
cost-increasing claim and could not be dealt with
outside the provision of the PCW.
6. As no agreement was possible between the parties the
dispute was referred to the conciliation service of the
Labour Relations Commission. A number of conciliation
conferences (6) took place between June, 1993 and
April, 1995. Some progress was made at conciliation on
a number of outstanding issues but no agreement could
be concluded in relation to the substantive issue of
"time-off" arrangements for nurses "on-call" in the
X-ray department. As no agreement could be reached
between the parties it was agreed by both sides to
refer the dispute to the Labour Court. The dispute was
referred to the Labour Court on the 15th August, 1995
in accordance with Section 26(1) of the Industrial
Relations Act, 1990. The Court investigated the
dispute on the 22nd November, 1995 (the earliest date
suitable to both sides).
UNION'S ARGUMENTS:
3. 1. The Union was mandated by its members to look for the
following:-
FOR OUT OF HOURS ON CALL WORKING AFTER 5.00 P.M.
STAND BY PAYMENT
(a) Monday to Friday £10.44,
Saturday £13.61,
Sunday and Public Holidays £20.33.
FEE PER CALL
(b) £20.43 (applicable after normal finishing time)
TIME OFF
(c) 5.00 to 12.00 p.m. - time for time
12.00 to 2.00 a.m. - Four hours
2.00 a.m. to 7.00 a.m. - Day Off
BANK HOLIDAYS
(d) full day off in lieu for "On call".
2. The Union is looking for the same "call out" payments
for its members (10) as currently apply to
radiographers with whom they work and with theatre
staff.
3. The Union also wants the restoration of "time off" for
call outs for the period between 5 p.m. and 12 p.m.
which operated prior to September, 1993 when management
unilaterally terminated this arrangement without
consultation with the Union.
4. The Union is looking for four hours "time-off" for
"on-call" work performed by nurses between 12 p.m. and
2 a.m. and a day-off for call-outs between 2 a.m. and
7.00 a.m. which is in line with the arrangements for
other groups of workers at the hospital such as
radiographers and theatre staff.
5. It is vital that nurses have sufficient "time-off" to
recover from "call-outs" which can result in long hours
of work. The health and safety of nurses is essential
to enable them to operate in an efficient manner and
also to allow them take proper care of their patients.
6. The Union is looking for a full day off for its members
in relation to staff who are "on call" on a Bank
Holiday. It is a standard arrangement with other
hospitals and our members are looking for the same
agreement.
7. The Union is opposed to management's proposal of a
staggered start and finish system in order to cater for
cases which over run the normal finishing time of 5
p.m.
COMPANY'S ARGUMENTS:
4. 1. Management is looking for the following arrangements
which were discussed at conciliation:-
(a) a formal "on-call with standby" arrangement
would operate for out-of-hours nursing service
in the X-ray department. This was arrived at
having regard to the "on-call with standby"
system operating for theatre nurses in the
hospital.
(b) The 'on-call with standby system' - All nurses
in the X-ray department would participate in the
roster for the after-hours nursing service. The
roster would provide for an X-ray nurse being
available on standby to deal with all emergency
calls which they are requested to deal with
after normal working hours. The current rates
payable for on-call with standby are as
follows:-
- Monday to Friday (each day) £10.65
- Saturday £13.88
- Sunday and public holidays £20.74
Fee per call - £20.84 (to cover all emergency
calls regardless of type or duration with which
the x-ray nurse is required to deal).
(c) Overruns in x-ray
A combination of arrangements to deal with
overruns in x-ray had been worked out.
(i) The introduction of a staggered
start/finish on a Monday to Friday
basis, whereby one nurse would commence
duty one hour later each day than her
current start time and normal finishing
time would be one hour later in the
evening, i.e. 9.30 a.m. to 6 p.m., to
be operated on a rotational basis among
all staff nurses.
(ii) Nurses will continue to be compensated
by means of time off in lieu for the
time worked over and above normal
finishing time.
(iii) If the nurse who is on call/standby for
that evening deals with an overrun case
which commenced during normal working
hours, that nurse would receive time
off in lieu for cases which are up to
and including one hour's duration. In
relation to all overrun cases which
exceed one hour, a fee of £20.84 would
be paid as full compensation for such
commitment.
2. Time-off arrangements:
The absence of a staggered start/finish for nurses in
the x-ray department has resulted in considerable
time-off accruing to nurses. This has impacted on the
staffing levels in the x-ray department during core
times. Management want to introduce a staggered
start/finish arrangement involving all nursing staff in
the x-ray department which would be beneficial to both
management and nurses.
3. The nursing unions are currently engaged in
"restructuring talks" with management under clause
2(iii)(a) of the PCW. If the union want to pursue
improved compensation arrangements above those already
in place, which could have national implications, it
should be dealt with under the restructuring
negotiations.
4. The Company rejects the Union's proposal for a day-off
in lieu for staff who are "on-call" on a Bank Holiday.
RECOMMENDATION:
5. It was clarified that the issues before the Court were
time-off arrangements, Public Holiday arrangements, overtime
arrangements. The other issues mentioned in Court were to be
agreed between the parties. The Court having considered the
written and oral submissions recommends as follows:-
(1) TIME-OFF
Call-outs on Sunday night to Thursday night:
- Between 5 p.m. to midnight - as at present
- Between 12 midnight to 2 a.m. - commence duty 2 hours
after normal starting time.
- Between 2 a.m. and 7 a.m. - Commence duty 4 hours after
normal starting time.
- Continuous attendance from 12 midnight to 6 a.m. (Sunday
night to Thursday night) - a full day off.
- Call outs over week-end - time off on a time for time
basis.
(in addition to the call-out fee).
2. PUBLIC HOLIDAY
Nurses rostered on stand-by to have the option of being
rostered for actual duty on the day and to be paid as
outlined by the hospital.
3. OVERRUN ARRANGEMENTS
The Court recommends that the proposal for staggered
starts should only apply to those currently working them
and to nurses employed in the area in the future.
~
Signed on behalf of the Labour Court
Finbarr Flood
18th December, 1995 -------------
L.W./U.S. Deputy Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR LARRY WISELY, COURT SECRETARY