FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 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 Grier Worker Member: Mr O'Neill |
1. Annual Leave arrangements for Job Sharers.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of its members employed on a job-sharing basis in Unit 5b, which is attached to the Mid Western Hospital, Limerick to retain the existing arrangements regarding Annual Leave. There are currently seven Nurses job-sharing in the Unit.
In November, 2001, Management carried out a review of staffing arrangements in Unit 5b. The purpose of the review was to standardise practices and procedures in order to run the Unit in a more systematic fashion. Resulting from the review, Management now wants to introduce a system whereby job-sharing staff must apply for Block Annual Leave as a single unit and consult with their partners as to suitable dates.
The Union objects to this system stating that it is custom and practice at Unit 5b that job-sharing staff apply for Block Annual Leave on an individual basis and do not have to consult their job-sharing partners.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 25th of September, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd of April, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The custom and practice at the Unit has always been that job-sharers apply for Block Annual Leave on an individual basis and they do not have to consult their job-sharing partners.
2. Prior to 2002, the staff concerned were given no indication that the arrangement was unsatisfactory or that it would be revised.
3. The new system will result in a loss of premium earnings for the staff concerned.
4. The staff concerned should retain the existing arrangements regarding the taking of annual leave.
BOARD'S ARGUMENTS:
4 1. It is an accepted practice within the wider Limerick Mental Health Service to treat two nurses who share a post as a single unit.
2. Given the situation regarding peak holiday periods of rostered annual leave, the Unit is faced with a situation where instead of having 3.5 units it has to deal with 7 separate units which results in full time staff being restricted in their annual leave entitlements.
3. The new system must be introduced in order to run the Unit efficiently.
RECOMMENDATION:
The Court has considered the written and oral submissions made on behalf of both parties. While accepting there may be difficulties for the claimants in meeting the management's proposals for holidays, the Court notes management's willingness to try to facilitate the claimants, in minimising the difficulties.
The Court recommends that the claimants accept the management's proposals for holiday arrangements for job-sharers and that in return management makes every effort to ensure the smooth working of such arrangements and to be sensitive to the employees' requirements when participating in the matching arrangements.
Signed on behalf of the Labour Court
Finbarr Flood
15th April, 2003______________________
GB/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.