FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH EASTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Relocation
BACKGROUND:
2. The claim by the Union is for enhanced relocation payment for staff based at St. Felim's Hospital, Cavan. Some staff had previously moved to 2 locations during the last 10 years- Lisdarn in Cavan Town in 1994, and Ballyconnell in 2001. The current claim involves the remaining staff who moved in November 2003, including those who went to a new unit in Virginia. The move in 2001 was the subject of an adjudication hearing, and the following compensation package was agreed. Staff who transferred to Ballyconnell up to December, 2002, received €2,104 plus 5 days' annual leave. It was also agreed that staff who moved within Cavan would receive €443.90 plus 5 days' annual leave. The remaining staff were the subject of another adjudication hearing in October, 2003, and the following offer was made:
St Felim's to Virginia €3,588 plus 5 days annual leave
St Felim's to Ballyconnell €3,312 plus 5 days annual leave
St Felim's to Cavan €750 plus 5 days annual leave
The offer was rejected by SIPTU but accepted by the INO. However, the INO was party to a meeting with the Labour Relations Commission in December, 2003. The Unions were
seeking a specific travel element to augment the relocation package. Management rejected the claim and the case was referred to the Labour Court on the 24th February, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th of June, 2004, in Cavan, the earliest date suitable to the parties.
UNIONS' ARGUMENTS:
3. 1. The move from St Felim's Hospital in November, 2003, was compulsory. The Union's claim has to do with the travel element involved. The journey from Cavan to Virginia involves a round trip of 40 miles for a number of workers.
2. The workers have been exceptionally cooperative in regard to the opening of the Virginia Unit. The change was referred to as "exceptional" by the Adjudicator.
BOARD'S ARGUMENTS:
4. 1. Staff knew of the Board's plan for the move to Virginia and they had numerous opportunities to seek positions in Cavan town. By not doing so, they agreed in principle to moving to Virginia.
2. The cost to the Board of implementing the Adjudicator's report was approximately €230,000 direct costs, which did not include the additional annual leave granted . However, the Board was willing to accept the compensation package despite the significant cost involved.
RECOMMENDATION:
The Court is satisfied that all of the issues raised in this referral were comprehensively addressed by the independent adjudicator appointed by the parties. The Court is further satisfied that the conclusions reached by the adjudicator in her report are fair and reasonable in all the circumstances, and there is no basis upon which further concessions could be recommended.
The Court, therefore, recommends that the report of the adjudicator be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
15th July 2004______________________
PM/CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.