Labour Court Database __________________________________________________________________________________ File Number: CD96121 Case Number: LCR15158 Section / Act: S26(1) Parties: THE CHILDREN'S HOSPITAL, TEMPLE STREET (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;IMPACT |
Dispute concerning: 1. Saturday Overtime 2. Introduction of a new roster
Recommendation:
The Court is of the view, and the parties seemed to confirm, that
if the other issues involved in this case were addressed,
agreement could be reached on a suitable roster to meet both
parties requirements.
On the other issues, payment for the new rosters, loss of earnings
and payment for Saturdays, the Court recommends that these are
dealt with as follows:
(1) Discussions on proposed new rosters to be completed by 1st
June 1996 and the new rosters to operate from 1st July 1996.
(2) Current pay arrangements for working Saturdays to apply up to
1st July 1996 and then to be discontinued. This to apply
whether there is agreement or not to the new rostering
arrangement.
(3) Payment for new rosters to be as outlined at conciliation.
(4) Loss of earnings to be compensated at two times the annual
loss.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD96121 RECOMMENDATION NO. LCR15158
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
THE CHILDREN'S HOSPITAL, TEMPLE STREET
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning:
1. Saturday Overtime
2. Introduction of a new roster
BACKGROUND:
2. The dispute concerns two full time and one part time (2.5)
clerical workers in the A and E Department of the Hospital.
CLAIM 1:
The Employees concerned work every second Saturday for up to
ten hours which are paid at overtime rate. They work a 61.5
hour fortnight. In 1995 Management discovered that the
workers were being paid for a 67.5 hour fortnight and
subsequently commenced paying a flat rate for the first 6
hours of Saturday working. The Union disputed Management's
decision.
CLAIM 2:
At present clerical staff operate a 5 day 12 hour roster with
overtime paid for Saturday and Sunday work. The Hospital
proposes to introduce a 6 day roster with Sunday work
continuing to attract a premium. Overtime payments would
effectively be terminated. The Hospital proposes to employ
4.5 staff which it maintains would provide a more efficient
service. The Union rejected the proposal on the grounds that
workers would suffer a substantial loss in earnings.
The dispute was referred to the Labour Relations Commission
and conciliation conferences were held on the 15th January
29th January and 20th February 1996. Agreement was not
possible and the dispute was referred to the Labour Court on
the 12th March 1996. A Court hearing was held on the 19th
April 1996.
UNION'S ARGUMENTS:
3. CLAIM 1:
1. The workers concerned have operated the current roster
since 1980. They are the only clerical group within the
Hospital so rostered who work weekends. The rostered
hours were constructed specifically because of the
unsocial hours i.e. weekend and night time work.
2. Management has breached the agreed terms and conditions
of the workers by refusing to pay overtime for the first
6 hours on Saturday.
3. Workers will suffer a significant loss of earnings.
They cannot be expected to sustain such a loss given
that they have operated the roster since 1980. No other
group has been requested to take such a significant
reduction in salary.
HOSPITAL'S ARGUMENTS:
4. 1. The workers concerned were paid for additional hours due
to an error which arose because the staff concerned do
not fall into any one of the normal reporting
structures.
2. Management is prepared to consider the payment of
appropriate compensation for the loss of overtime.
UNION'S ARGUMENTS:
CLAIM 2
1. The Union is prepared to discuss directly with
Management the issue of rosters, within the context of
the Hospital's proposals to employ 4.5 staff. The
Hospital's roster however has serious deficiencies in
that it involves a substantial loss in earnings. It
also requires shifts of 3 hours 23 minutes twice weekly
and will effectively provide cover after 7 p.m. with
only one worker covering both A + E department and
admissions.
2. The Union's proposed roster provides for 2 workers
covering out of hours. This is consistent with the
needs of the Department. They have been put forward
following discussions with the appropriate consultant in
the A and E Department.
HOSPITAL'S ARGUMENTS:
1. In order to maximise efficiency and provide a quality
service it is essential that the Hospital employ extra
workers. However no extra funding is available. The
money, paid in error to existing staff together with
overtime, was calculated as being redistributable in
order to fund the proposed extra staff. It was
envisaged that there would be a considerable drop in
overtime levels as a result of the change.
2. The Union's proposed roster would require 5.3 wholetime
staff as well as maintaining existing levels of
overtime.
3. The new roster proposed by Management is essential in
order to provide the best possible service. The
monetary constraints faced by the Hospital must be taken
into consideration when developing the new roster.
RECOMMENDATION:
The Court is of the view, and the parties seemed to confirm, that
if the other issues involved in this case were addressed,
agreement could be reached on a suitable roster to meet both
parties requirements.
On the other issues, payment for the new rosters, loss of earnings
and payment for Saturdays, the Court recommends that these are
dealt with as follows:
(1) Discussions on proposed new rosters to be completed by 1st
June 1996 and the new rosters to operate from 1st July 1996.
(2) Current pay arrangements for working Saturdays to apply up to
1st July 1996 and then to be discontinued. This to apply
whether there is agreement or not to the new rostering
arrangement.
(3) Payment for new rosters to be as outlined at conciliation.
(4) Loss of earnings to be compensated at two times the annual
loss.
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Signed on behalf of the Labour Court
9th May, 1996 Finbarr Flood
T.O'D./S.G. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.