FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MATER PRIVATE HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Rate for after-hours work.
BACKGROUND:
2. The Union's claim is for an increase in the rate paid for after-hours work for 11 radiographers working in the Radiotherapy Department. The radiographers are rostered to work 9.00 a.m. to 5.00 p.m. and 11.00 a.m. to 6.00 p.m. and are paid for 7 hours for each shift. In December, 2000, the Union made a claim for the same rate for "out of hours" work as radiographers in St. Luke's Hospital, €48.06 (currently €51.72) per patient after 5.00 p.m. At present the Hospital pays €14.93 per patient. An earlier offer of €19.05 per patient in exchange for an additional shift of 8.00 a.m. to 3.30 p.m. was rejected. (There were some differences between the parties as to the exact sums involved.)
The dispute was the subject of a number of conciliation conferences with the Labour Relations Commission. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 25th of March, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th of June, 2002.
UNION'S ARGUMENTS:
3. 1. Three of the four hospitals which provide a radiotherapy service - St. Luke's, Cork University Hospital and St. Vincent's Private Hospital - all pay €49.03/€51.72 per patient. The €14.93 being paid by the Mater Hospital is considerably out of line.
2. The workers have been extremely co-operative. They operate flexible breaks and a mini-shift system which gives the Hospital an extended day. The dispute has been unresolved for a considerable time.
HOSPITAL'S ARGUMENTS:
4. 1. Radiographers have the potential to earn approximately €180 per evening with 4 patients per hour for 3 hours' work. If the Union's claim were conceded, the cost to the Hospital would be enormous and could result in the withdrawal of after-hours work.
2. The payment in St. Luke's Hospital for radiotherapy work is anomalous. Management in St. Luke's has been trying to rectify it for a number of years as the financial strain on the Hospital is acute. Negotiations are still ongoing.
3. The Hospital offered a rate of €19.05 per patient in return for some extra flexibility but this was rejected by the workers.
RECOMMENDATION:
The Court has considered the arguments put forward by both sides to this dispute. The Union has claimed the Department of Health and Children's rate for after hours working for Radiographers working in the Radiotherapy Department. This rate applies to all three other named hospitals providing this service, both private and public.
To resolve this situation, the Court recommends that the parties should meet to discuss an interim agreement pending the outcome of the discussions on St. Luke's Hospital. The Court recommends that the rate offered by the Hospital should be further increased to €25 on an interim basis, in return for cost-offsetting measures. This rate should be paid three months retrospective from the date of agreement/implementation of these cost-offsetting measures.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th June, 2002______________________
CO'N/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.