FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. a) Lump sum payment of €12500 as a result of change in responsibilities as a result of new computer system, b) overtime-parity as afforded non-nursing grades in IBTS, c) new management structure, d) location allowance.
BACKGROUND:
2. The Irish Blood Transfusion Service (IBTS) is the national organisation responsible for ensuring a continuous supply of blood and blood related products to the acute health sector in Ireland. It employs 618 personnel, including 60 nursing staff at various locations throughout Ireland.
In late 2002 the Unions served a claim on the IBTS. Following negotiations over the course of 2003 the parties finally agreed to an independent review of the nursing structures within the IBTS. The review was published in September 2003. The IBTS whilst having some concerns regarding some elements of the report were willing to accept the report. The Unions balloted their members and the report was rejected by a majority of the members.
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 could not be reached on all the issues, the dispute was referred to the Labour Court on the19th May, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The issues referred were a)lump sum payment of €12500 as a result of change in responsibilities as a result of new computer system, b) overtime-parity as afforded non-nursing grades in IBTS, c) new management structure, d) location allowance. A Labour Court hearing took place on the 30th July, 2004, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Nursing personnel have been proactive in the introduction of the Progesa computer system which has brought increased responsibility for product quality assurance.
2. The changes brought about by Progesa have led to altered shift arrangements and clinic times and a substantial loss of overtime. The Unions are seeking, in conjunction with a management/career structure a lump sum payment of €12,500.
3. The proposed management structure does not extend far enough to reflect the level of responsibility expected from nursing personnel.
4. The management structure should be that recommended in the Report of the Commission on Nursing.
5. The Unions seek the immediate implementation of the overtime agreements / enhancements and parity with / as afforded and agreed with other non-nursing grades within the IBTS.
6. The Unions are seeking the payment of the location allowance as conceded to the IBTS by the Department of Health and Children.
COMPANY'S ARGUMENTS:
4. 1. The lump sum payment as a result of change in responsibilities is a cost-increasing claim and therefore precluded by the terms of national wage agreements - PPF, Sustaining Progress and benchmarking.
2. The IBTS are willing to accept the recommendations of the independent reviewers.
3. The Unions' proposals for a management structure are significantly in excess of the reviewer's report. The proposals are excessive and untenable and lead to additional costs.
4. The IBTS currently pay overtime rates as per the nationally agreed terms.
5. The location allowance was sought on the understanding that any agreement to pay the allowance would be on the basis of an agreement on all outstanding issues pertaining to the nursing staff.
RECOMMENDATION:
The court, having considered at length the written and oral submissions of the parties, makes the following recommendations on the matters before it:-
New Management Structure
The Court notes the terms of reference of the independent reviewers that they
- "be asked to review Nursing structures and the impact of changes of Blood Clinic hours on Nursing Staff, and arbitrate the following issues........"
Overtime Parity
The Court recommends that the rates of overtime payment for nursing grades be those agreed nationally, as varied by the IBTS in November 2000 and subject to the Review Group in paras 6.2 and 6.3 of its report.
Location Allowance
The Court recommends that this allowance be paid to qualifying nurses in the IBTS on its merits and on the basis set out on page 16 of the McHugh/Devine report of September 2003 as follows:-
- Wholetime Equivalent Service (W.E.S.)
0 - 6 mths W.E.S. = 1/12th of annual allowance per month
6 - 12 mths W.E.S. = 1 year's location allowance
12 - 24 mths W.E.S. = 2 years' location allowance
24 - 36 mths W.E.S. = 3 years' location allowance
36 mths + W.E.S. = 4 years' location allowance.
Lump Sum Payment
In the context of their continuing co-operation with changes such as a new computer system, changes in shift arrangements, clinic times and overtime and given the unique nature of this group, the Court recommends a once-off lump sum of €2,500 to each nurse in full and final settlement of all matters dealt with under the heading of this claim.
General
The matters dealt with by the court in this recommendation have been decided purely in the unique context of this employment. No implications should be assumed in regard to any similar group of staff in any other employment.
Signed on behalf of the Labour Court
Raymond McGee
19th January, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.