Labour Court Database __________________________________________________________________________________ File Number: CD95428 Case Number: LCR14924 Section / Act: S26(1) Parties: OUR LADY'S HOSPITAL FOR SICK CHILDREN (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning hours of work.
Recommendation:
The Court considered the written and oral submissions made by the
parties. The Court, having considered all of the information
before it, would view the method used by the hospital to have the
claimants revert back to a 35 hour week as less than satisfactory.
The Court is also conscious that a formula was found to
accommodate another group in a somewhat similar position.
However, the Court accepts that the hospital is entitled to insist
that the contracts held by the employees are honoured.
The Court, therefore, recommends that the 35 hour working week
arrangement apply to individual cases where the contract states
this to be a requirement.
Division: Mr Flood Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95428 RECOMMENDATION NO. LCR14924
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
OUR LADY'S HOSPITAL FOR SICK CHILDREN
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning hours of work.
BACKGROUND:
2. The dispute concerns 14 Radiographers in the X-Ray
Department of Our Lady's Hospital. Radiographers, by custom
and practice, worked a 32.50 hour week for a number of years.
In September, 1994 management advised the workers concerned
that the hours for paramedic staff in the Hospital are 35
exclusive of meal breaks. In October, 1994 Radiographers
changed to a 35 hour week. In November/December, 1994
agreement was reached at a conciliation conference under the
auspices of the Labour Relations Commission that laboratory
staff in practice work between 32.50 and 35 hours per week and
that this custom and practice would continue. The
Radiographers sought to revert to a 32 hour week on the same
basis. Management rejected the claim. The dispute was
referred to the Labour Relations Commission and a
conciliation conference was held on the 13th July, 1995.
Agreement was not possible and the dispute was referred to
the Labour Court on the 27th July, 1995. A Court hearing was
held on the 28th September, 1995.
UNION'S ARGUMENTS:
3. 1. The agreed, contracted, standard working hours for
Radiographers in the hospital are 32.50 exclusive of main
meal breaks. There has been no negotiation or agreement
between management and Union to the contrary.
2. Management unilaterally decided to increase the hours to
35 without proper notification, consultation or
agreement with the Union. Radiographers believed that
they had no choice and also that all paramedics were
treated the same.
3. While management imposed increased hours on
Radiographers they negotiated the maintenance of normal
hours for existing staff (32.50) with Laboratory
Technicians. All paramedic staff therefore do not work
35 hours.
4. In the view of the agreement reached with Laboratory
Technicians the Union seeks the restoration of the 32.50
hour week to Radiographers with effect from November,
1994 at least to the extent that it has been granted to
Laboratory Technicians.
COMPANY'S ARGUMENTS:
4. 1. Management reached an agreement at local level with
Radiographers who now work a 35 hour week since October,
1994. Since that time 5 new Radiographers have been
employed and are contracted to work a 35 hour week.
This agreement must be maintained.
2. Other paramedic groups within the Hospital e.g.
Dietitians, Social Workers, Cardiac Technicians,
Psychologists etc., all work 35 hours per week in
accordance with their contracts.
3. The Laboratory Technicians proved to be a special
category in that they undertake a wide range of duties
involving general management issues. Management is
satisfied that in practice these employees work 35
hours.
4. Concession of the claim would lead to an unacceptable
number of anomalies in the working hours of paramedics
in Our Lady's and in other hospitals throughout the
Country.
RECOMMENDATION:
The Court considered the written and oral submissions made by the
parties. The Court, having considered all of the information
before it, would view the method used by the hospital to have the
claimants revert back to a 35 hour week as less than satisfactory.
The Court is also conscious that a formula was found to
accommodate another group in a somewhat similar position.
However, the Court accepts that the hospital is entitled to insist
that the contracts held by the employees are honoured.
The Court, therefore, recommends that the 35 hour working week
arrangement apply to individual cases where the contract states
this to be a requirement.
~
Signed on behalf of the Labour Court
6th October, 1995 Finbarr Flood
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.