FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - IRISH NURSES' ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Location allowance.
BACKGROUND:
2. On the list specified in the Settlement Terms of the 1999 Nurses' Dispute and Department of Health and Children circular 112/99, 10 locations were identified for general nurses to attract a "Location Allowance", 5 of them for the first time. Theatre is one of the locations specified.
The Union's claim is for the allowance to be paid to a number of its staff in Waterford Regional Hospital. The Board's view is that the workers are not Theatre staff and, as such, do not qualify for the allowance.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 9th of September, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th of March, 2003, in Kilkenny, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Theatre/Central Sterile Supply Department (TSSD/CSSD) is located in the Theatre compound of the Hospital and, as such, qualifies the workers for the Location Allowance. The function of the department is to provide an efficient sterile supply of in-hospital prepared and sterilised packs and sets to 8 Theatre suites.
2. 94% of the work (and 100% at weekends) in the TSSD/CSSD is directly produced by the Theatre department (details supplied to the Court).
3. The TSSD/CSSD staff working in Sligo General Hospital receive a Location Allowance. The department is not located in the Theatre department. The allowance is paid because the staff are accountable and report to the Theatre Manager.
COMPANY'S ARGUMENTS:
4. 1. There are 10 locations identified for general nurses to attract the Location Allowance. These do not include the CSSD or any type of sterilisation department.
2. The workers concerned do not rotate into the theatre nursing roster or carry out any theatre nursing procedures and are not part of the theatre compliment.
3. The work carried out by the nursing staff in the CSSD, although very valuable, is not comparable to that of their theatre colleagues who do attract the allowance.
RECOMMENDATION:
The Court has considered the position of both sides to this dispute. The Union sought the introduction of the Location Allowance to Nurses working in the Theatre/Central Supply Service in the Hospital. This allowance is governed by the Guidelines on Agreements concluded as part of the Settlement Terms of the 1999 Nurses Dispute.
The agreement states that the Location Allowance is payable to nurses when they are employed on Theatre duties. Having examined the detail of the case, the Court is not satisfied that the nurses involved in this claim are covered by the terms of the agreement and, therefore, the Court is of the view that there is no justification for the payment of the Location Allowance to Theatre/Central Supply Service nurses.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th April 2003______________________
CON/BGDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.