FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EASTERN HEALTH BOARD - AND - IRISH MEDICAL ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Transfer of acute psychiatric services to Tallaght Hospital.
BACKGROUND:
2. The dispute, which concerns non-consultant hospital doctors (NCHDs)/ psychiatric registrars, relates to 2 issues arising from the transfer of acute psychiatric services from St. Loman's Hospital, Palmerstown to Tallaght Hospital, namely, compensation for (1) the move to Tallaght and (2) changes to the NCHDs' on-call roster from 1:16 to 1:8. The Union is seeking a relocation payment in line with that received by psychiatric nurses (£2,075) on their transfer from St. Loman's to Tallaght. On the matter of the on-call roster, the Union claims that the significant increase in the on-call requirement should be recognised by way of a permanent allowance, in the order of £1,500. The claims were rejected by the Board, and the matter was the subject of a number of conciliation conferences, under the auspices of the Labour Relations Commission, at which agreement was not reached. The dispute was referred to the Labour Court, on the 11th May, 2000, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation on the 25th May, 2000.
UNION'S ARGUMENTS:
3. 1. On the grounds of equity, it is essential that all employees transferring to Tallaght should be treated equally. The move, which was compulsory and of not inconsiderable inconvenience to those concerned, has received the co-operation of the Union and the NCHDs, as a gesture of goodwill. The NCHDs are the only group that are being asked to accept material changes to their conditions of employment by accepting a doubling of their on-call commitment. They are also the only group expected to have a commitment to both hospitals after the move.
2. The NCHDs should receive at least the same compensation package as that received by psychiatric nurses, a package that emerged from the Labour Relations Commission, and which was accepted by the Board.
3. The Board is proposing a fundamental change to the NCHDs' conditions of employment in proposing a reduction of the on-call rota from 1:16 to 1:8. While the psychiatric registrars at St. Loman's work a 48-hour week, the Board is proposing a significant increase in their weekly hours, at a time when negotiations are taking place nationally on the introduction of a 48-hour week for all NCHDs.
4. The move is an example of where adjustment in relation to the health services has been implemented without regard to the impact on the professional service-providers involved.
BOARD'S ARGUMENTS:
4. 1. The claim is not justified, on the grounds that the proposed changes are necessary to ensure that staffing arrangements meet the standard of patient care required.
2. Management applied the agreed compensation to eligible NCHDs transferring to Tallaght. The Union was a party to that agreement.
3. The roster proposed is not out of line with rosters in other training scheme hospitals.
4. The additional hours required are paid at overtime rates and are within the terms of the NCHDs' 1997 terms of agreement which state as follows:-
- "A Non-Consultant Hospital Doctor shall not normally be rostered to serve more than 65 hours in any one week. Payment at the approved rates is made for hours in excess of 39 hours per week whether rostered or unrostered. Payment for excess hours of duty to be certified to the satisfaction of the employing and accounting authority as having been necessary and unavoidable".
RECOMMENDATION:
The Court has given careful consideration to all aspects of this dispute. The Union, on behalf of NCHDs, has submitted two claims as a result of the transfer of St. Loman's Hospital to Tallaght Hospital.
Compensation for the move from St. Loman's Hospital to Tallaght Hospital
The claim is for similar compensation to that paid to psychiatric nurses for locating to Tallaght, which is not, in the Court's view, comparable with the move by NCHDs. The agreement for psychiatric nurses combined productivity measures with the transfer. There are no productivity measures included in the NCHDs' transfer and their move is a temporary move unlike that of the psychiatric nurses.
Compensation for the change in on-call roster
On the basis that the NCHDs who transferred to Tallaght Hospital were required to change their on-call roster from 1:16 to 1:8, the Court recommends that a once off lump sum of £500 should be paid to those directly affected by the change. This sum is being recommended by the Court, conditional on an immediate cover of standby/call-out being put in place to cover St. Loman's Hospital as well as acceptance of the new rostering arrangements in Tallaght.
The Court notes the arguments made regarding the extension of the number of hours worked beyond 48 hours per week with the introduction of the new rostering arrangements. However, the Court is of the view that this issue is being addressed as part of national level discussions.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th June, 2000______________________
MK/MKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.