FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST VINCENTS HOSPITAL, ELM PARK (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Payment for public holiday.
BACKGROUND:
2. St. Vincent's Hospital, Elm Park, is a voluntary hospital run under the auspices of the Department of Health and dependent on Departmental funding.
The Union has submitted a claim for porters who work on public holidays. The current arrangement for working public holidays is that porters receive a day's pay plus double time for the hours which they actually work on that day. The shifts can vary from four hours to eleven hours.
The Union is seeking that porters receive eight hours pay plus an additional eight hours pay at double time irrespective of the hours worked. It states that the claim relates to a 1974 Agreement which provided for "a double day's pay for all public holidays worked".
Management rejected the claim on the basis that their interpretation of the Agreement differs from that of the Union and conflicts with established custom and practice in the voluntary hospitals in Dublin.
As no agreement was possible between the parties the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 18th of November, 1999, but no agreement was reached. The dispute was referred to the Labour Court on the 22nd of November, 1999, under Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 14th February, 2000 (the earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. The 1974 Agreement should apply to St. Vincent's Hospital as it has in other major hospitals in Dublin.
2. The issue in dispute concerns Clause 10 of the Agreement which states "a double day's pay for all public holidays worked".
3. A number of hospitals in the Dublin area apply the formula under the 1974 Agreement. A day's pay which is equal to 7.8 hours, is paid at double time to staff who attend for duty on a public holiday irrespective of the actual hours worked.
4. Management's interpretation of the 1974 Agreement is incorrect. Those who negotiated that Agreement did not make reference to hours worked, as this was not the intention.
MANAGEMENT'S ARGUMENTS:
4. 1. Management's interpretation of the 1974 Agreement over the past thirty years has been consistent with all of the other employers concerned.
2. Concession of the claim would have major cost implications for both St. Vincent's and also for the other Dublin Voluntary Hospitals.
3. The current system complies with the regulations regarding compensation for public holidays under the Organisation of Working Time Act, 1997.
4. The claim is cost increasing and is therefore, precluded under the terms of Partnership 2000.
RECOMMENDATION:
Having considered the submissions of the parties, the Court does not accept that the manner in which the Hospital applies the 1974 Agreement is out of line with the approach taken by the majority of other hospitals which are party to the Agreement. Any change in these arrangements would have to be negotiated and agreed between all of the parties to the original Agreement.
For this reason the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
February, 2000.______________________
LW/BCKevin Duffy
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.