FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH BOARDS (REPRESENTED BY HEALTH SERVICES EMPLOYERS' AGENCY) - AND - IRISH NURSES' ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. (A) Monday to Friday working; (B) Retrospection.
BACKGROUND:
2. The dispute before the Court concerns two separate but related issues: (a) Monday to Friday working; and (b) Retrospection. As part of the interim agreement on nurses pay, involving Labour Court Recommendation LCR15450 and the "Blue Book" it was accepted that Matrons/Nurse Managers would move to a straight Monday to Friday working week. It meant that Director of Nursing in bands 3, 4 and 5 would have to forego Sunday working which attracts a higher rate of pay.
However, no agreement could be reached on the payment of an acting-up allowance in respect of a special weekend/public holiday allowance to certain nurses taking charge of hospitals at weekends and on public holidays in the absence of a Matron/Nurse Manager. The issue was referred to the Labour Court (LCR15770 refers) which was rejected by the Union.
The second issue in dispute concerns retrospection. A second phase pay increase was due under the Programme for Competitiveness and Work (PCW) restructuring clause agreed for Matrons/Nurse Managers from the 1st of June, 1997. This increase was withheld by management until agreement was reached on the Monday to Friday regime.
The Union claims that all outstanding monies due to Directors of Nursing in bands 3, 4 and 5 must be paid in full. The Union is also seeking the introduction of an acting-up allowance which would be payable on every occasion where a Ward Sister or Staff Nurse is requested to act-up.
Management states that it is prepared to pay some retrospection but not from the 1st of June, 1997. It also argues that with regard to the acting-up allowance proposal any review should only apply from a current date.
As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. Conciliation conferences were held on the 24th of March, 1998, the 4th of August, 1998 and the 26th of August, 1998 but no agreement was reached. The dispute was referred to the Labour Court on the 14th of September, 1998 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 23rd of October, 1998.
UNION'S ARGUMENTS:
3. 1. All outstanding monies due to Directors of Nursing in bands 3, 4 and 5 should be paid in full without further delay.
2. The Union is requesting that the Court review its earlier recommendation (LCR15770 refers) which awarded an acting-up allowance of £1,100 per annum. This should be replaced by an hourly rate paid at the maximum of the higher scale.
3. Management did not have in place a proper structure which would have allowed Directors of Nursing to work Monday to Friday.
4. The claim is reasonable and should be conceded.
EMPLOYER'S ARGUMENTS:
4. 1. Concession of the claim for retrospection could have knock-on effects from grades represented by other unions.
2. The issue of an acting-up allowance was the subject of Labour Court Recommendation LCR15770 which management accepted but was rejected by the Union.
3. Any review of the acting-up allowance should only apply from a future date and should not be backdated.
4. Management has dealt with the whole issue of weekend working in a fair and reasonable manner.
RECOMMENDATION:
The Court has considered the submissions of the parties and recommends as follows:-
Retrospection
The second phase increase under the "Blue Book" agreement should be applied with effect from the 1st of June, 1997. The Court does not consider it appropriate to clawback premium earnings in respect of weekend earnings over the period in question. Nor should the retrospective payments be applied to those additional earnings. The increases should, therefore, be applied to basic salaries only.
Acting-up/Weekend Allowance
In recommendation LCR15770 the Court recommended that the Union accept the employer offer of an annualised allowance of £1,100 in respect of acting-up at weekends and public holidays. The Union now claims that this allowance should be replaced with an arrangement whereby the individual Staff Nurse or Ward Sister should be paid at the rate of pay of the higher grade for every hour worked.
The Court does not recommend concession of this claim.
Noting the employers' position in relation to this allowance, the Court recommends that it be increased to £1,600 per annum with effect from the 1st of January, 1999 conditional on the proposed structures being agreed and put into immediate effect.
Signed on behalf of the Labour Court
Kevin Duffy
13th November, 1998______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.