FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MID-WESTERN HEALTH BOARD - CROOM HOSPITAL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH NURSES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Claim by the Union on behalf of 13 nurses for compensation for loss of earnings.
BACKGROUND:
2. The dispute arises from the establishment of a new Trauma Theatre Care Unit in Limerick Regional Hospital which will result in certain trauma orthopaedic surgical services being transferred from Croom Orthopaedic Hospital to the Limerick Regional. The new unit will open on a phased basis and will be fully operational by the end of the year. The Union submitted a claim for loss of earnings on behalf of the nurses concerned arising from the transfer of these services. The loss arises in three areas: Saturday and Sunday premiums; on call allowance; and late back payments (which arise when staff are obliged to stay over time in the case of an operation). The Union claimed that these payments are an integral part of the worker's earnings over many years and that ongoing payments along the lines of the Castlerea formula, now Community Allowance, (details supplied to the Court) was the only appropriate compensation.
Management rejected the claim. The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 24th of November, 1998. Agreement was not reached. Subsequently the Board offered the following compensation:-
1. two years loss of earnings for the on-call allowance for
Saturday and Sunday premiums;
2. two years loss of earnings for the late backs averaged
over a five year period, i.e., 1994-1998 - payment for
late backs could continue on a limited ad hoc basis.
The offer would be dependent on a new roster being negotiated and agreed. The Union's rejected the proposals. The dispute was referred to the Labour Court by the Labour Relations Commission on the 15th of February, 1999. A Court hearing was held in Limerick on the 14th of April, 1999.
UNIONS' ARGUMENTS:
3. 1. As a result of the transfer of the orthopaedic services the workers concerned will suffer a substantial loss of earnings in that they will have no access to premium payments, on call payments or "late backs" utilised frequently in the past 2-5 years. The Unions' claim for compensation should include the application of the Castlerea formula (Community Allowance) which allowance is given on an annual basis. It sets the precedence of acknowledging that future earnings up to retirement have to be considered when a service driven change occurs and workers' earnings are affected dramatically. This applies to the workers concerned.
2. Following the transfer all remaining services will be elective, thereby requiring future rosters for the workers to be on a 5 day basis. This will result in the workers suffering financial loss, not just on a once off basis, but has consequential effects for lump sum and pension entitlements (details supplied to the Court).
3. The workers are theatre based for a number of years. In fact, some have not worked on the wards for 20-30 years. These workers have had to develop additional skills and are theatre based staff for many years. Along with national trends, which are encouraging nurses to specialise, these workers have specific roles and responsibilities to orthopaedic surgery which is recognised as a speciality.
4. The Community Allowance (formerly Castlerea) took into consideration four areas as follows:-
(a) Service driven change.
(b) Relocation.
(c) Change of roster to a 5-day week from the normal 7-day roster.
(d) Loss of earnings.
The situation in Croom fits three out of four of these criteria, therefore, the Unions would request that the Court acknowledge that a precedence has been set in the psychiatric service. This involves further earnings being included where a service driven change results in workers being unable to access these extra premium/allowances which affect not only their annual salary but pension and lump sum entitlements.
BOARD'S ARGUMENTS:
4. 1. Management informed the Unions in May, 1998 that the concept on-call in Croom Hospital needed to be addressed. The Board offered existing staff the opportunity of transferring to the Regional Hospital or of covering on-call at the Regional Hospital. No interest was expressed to either option by any of the theatre nurses in St. Nessan's Hospital.
2. Apart from the on-call issue there is also an issue in relation to the suitability of the current roster for theatre staff as this incorporates a seven day working week whereas with the formal transfer of the trauma services to the Limerick Regional Hospital a five day service i.e., Monday to Friday (inclusive) is only required in Croom Hospital.
3. The Board acknowledged that if theatre cases ran late in Croom Hospital nurses would receive the recognised on-call rate without standby. Management offered reasonable compensation but these payments were dependent on a new roster being negotiated and agreed with the Unions which would not include on-call standby payments, Saturday and Sunday premiums and "late backs". The Board were prepared to continue to pay the appropriate rate for any cases which ran over the agreed closing time in theatre, however, the closing time was to be negotiated as part of the new roster.
4. The payment of on-call is still made to nurses in the theatre and a new roster has not been negotiated. Due to the change in work practices management wish to change the current situation in relation to on-call/theatre roster in order to better utilise the resources available. Within the current climate of limited resources, the Board cannot sustain the payment of on-call allowances to nurses who are not required to provide such a service. The change in work practices will improve the services offered to the people in the Mid-West region by aiding in tackling the lengthy waiting lists for orthopaedic patients thus improving the availability and quality of services.
5. As the formal transfer has taken place, there is consequently no requirement for theatre nurses in Croom Hospital to be on-call after close of business on Monday to Friday (inclusive) or to work all day Saturday and Sunday. The Board accepts that the is a loss of earning and is prepared to make a payment equivalent to two years loss of earnings to the relevant nurses. However, compensation can only be paid on condition that the on-call payments cease and that a new roster is agreed and implemented immediately and simultaneously with the payment of the compensation.
RECOMMENDATION:
The Court has carefully considered the written and oral submissions of all parties concerned in this dispute. The Court can see no justification for concession of the "Castlerea formula".
The Court recommends that the offer made by the Board should be increased to include compensation for the loss of the "late back" payments, based on the period 1997-1998 and not on the average over a five year period 1994-1998 inclusive. In recommending this increased offer, the parties must, as a matter of urgency, agree a roster as part of the package.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th May, 1999______________________
T.O'D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.