FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1); INDUSTRIAL RELATIONS ACT; 1990 PARTIES : MID WESTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Dispute concerning allowance for sleepovers.
BACKGROUND:
2. The claim concerns Hostel Supervisors employed by the Mid Western Health Board. The Board employs these workers in medium support hostels in the Mental Health Services in the County Clare area. The Hostel Supervisors are paid for a 39 hour week. Their hours are as follows:-
Mon - 5 p.m. - 1 a.m.
Tues 8 a.m. - 10 a.m. 5 p.m. - 1 a.m.
Wed 8 a.m. - 10.a.m. 5 p.m. - 1 a.m.
Thurs 8 a.m. - 10 a.m. 5 p.m. - 1 a.m.
Fri 8 a.m. - 9 a.m. -
They work an additional 28 hours in the Employer's premises. Their conditions of employment require them to perform duties in the evening, to sleep in the hostel at night, and perform further duties the following day. The Grade VI non-nursing pay scale is paid to the workers in respect of having to sleepover. The Group I rate is paid to those workers without a sleep-in commitment. The Union's claim is that the Mid Western Health Board either:-
1. Remunerate the Hostel Supervisors for the full hours expected of them for the hours between 1 a.m. - 8. a.m.
or
2. Re-organise the working system in the hostels to allow the Supervisors, in a shift ystem, to work a reasonable number of hours without "sleep over".
Management rejected the claim. The dispute was referred to the Labour Relations Commission. Conciliation conferences were held in October, 1998, February, 1999 and May, 1999. Following the final conciliation conference the Industrial Relations Officer issued the following proposals (recommended for acceptance by the parties).
1. All hours worked by the Supervisors between 8 p.m. and 1 a.m. will be paid at the rate of time and a quarter as and from the first pay date following acceptance by both parties to this proposal.
2. A sum of £2,000 gross will be paid to each permanent full time resident Hostel Supervisor in respect of hours worked during this dispute and to take account of the retrospective effect on the arrangement at 1 above (pro rata to part-time staff as appropriate).
3. Any outstanding matters regarding this grade of staff should be referred to the
National Industrial Secretary of SIPTU, in the context of the non-nursing Partnership Committee.
The proposal was rejected following a ballot of the workforce.
The dispute was referred to the Labour Court by the Labour Relations Commission on the 23rd September, 1999. A Court hearing was held in Limerick on the 9th February, 2000.
UNION'S ARGUMENTS:
3. 1. The work being carried out by the Hostel Supervisors (details of their duties and responsibilities supplied to the Court) whether resident or not is not appropriate to the Grade 1 pay rate. The level of the workers' duties and responsibilities far exceeds the Grade 1 rate which is the lowest grade in the Health Services. The workers concerned are employed and carry out a number of duties regularly from 1 a.m. to 8 a.m.. They remain responsible for the care and welfare of their patients (8-9). Management only needs to refer to the Report Book (night) to see that these employees are working from 1 a.m - 8 a.m.. Many of the residents are elderly and unable to fend for themselves.
2. It is no coincidence that the Board has employed women workers in a rural area to do this caring and demanding job while giving them little financial recognition. The care the community owes these patients is being delivered by dedicated poorly paid female workers.
3. The Board has exploited and ignored the unfairness of the pay of these workers. They are totally frustrated at being unable to resolve their claim through procedures and may be left with no alternative but to resort to industrial action. They should be paid for all hours worked between 1 a.m. and 8 a.m. or new rosters should be
introduced which will give them a reasonable working week.
BOARD'S ARGUMENTS:
4. 1. The terms and conditions of employment of the workers concerned state that the Group VI rationalised pay scale applies and that "the person may be required to reside and sleep in the hostel and no charge will be made for accommodation".
2. The Board pays a higher rate of remuneration to resident Hostel Supervisors in compensation for the requirement to reside and sleep-in.
3. The Court in relation to a similar case involving the MWHB and Limerick Hostel Supervisors recommended:- "The Court..........finds that the employees here concerned were recruited on the basis that they would have a sleep-in commitment for which they were paid at the Grade VI (non-nursing pay rate). This was to be an all embracing rate of pay" (LCR14945 refers).
4. There is a commitment to examine all non-nursing grades under the Partnership Committee as a consequences of the recent national analogue agreement. This may be an appropriate forum for examining the role of resident Hostel Supervisor.
5. No significant changes have taken place in the duties and responsibilities of the workers concerned to justify a higher rate of remuneration.
RECOMMENDATION:
It is the opinion of the Court that the rostered hours - the combination of daily roster and the sleepover - create an unreasonable demand in terms of working time, regardless of the remuneration.
The Court recommends, therefore, that the parties agree a roster that will provide the necessary cover within a standard working week of 39 hours, with a contingency for extra hours to cover unforeseen situations.
The Court recommends that in the meantime the LRC proposal for time and a quarter for hours between 8 p.m. and 1 a.m. be amended to time and a half for hours between 8 p.m. and 1 a.m.
Signed on behalf of the Labour Court
Finbarr Flood
23rd February, 2000______________________
T O'D/U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.