FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 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 Doherty Worker Member: Mr O'Neill |
1. Extension of working time arrangements.
BACKGROUND:
2. The dispute concerns Management’s request for an extension of the working day for radiographers employed in the Mater Private Hospital. The Union are prepared to increase service provision only within the establish pay schedule. The Union are concerned that Radiographers would lose financially under the hospital’s proposals. Management's requirement is to have a working day from Monday to Friday 08.00 - 22.00 and Saturday 08.00-18.00 as quality patient care demands and that Radiographers be paid a shift allowance or overtime where hours in excess of the norm are worked.
The dispute could not be resolved at local level and was the subject of two conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 9th February, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th June, 2005.
UNION'S ARGUMENTS:
3.1 The Union contends that the extension of the working day to 8.00p.m. now in operation for MRI more than satisfies any obligations that may exist under Sustaining Progress. The facilitation of Saturday clinics is equally significant in that context.
2. Radiographers have given significant flexibility to their employers. But what is proposed is unacceptable to them in terms of the reduction in rates and the extension in the working day. The proposal from Management's side was to reduce the rate per patient to less than half the value of the 1999 rate (€83.82)
3. The Union have sought agreement for the retention of the rate, which has not increased since 1999. Management are seeking discussions on a lower rate for Saturday. The Union refused to discuss a lowering of the rate.
COMPANY'S ARGUMENTS:
4.1 The service requires a change in working hours if it is to respond to patient needs and thereby remain competitive. The fact that Sustaining Progress clearly calls for changes to working hours where needed also adds to the validity of the management's arguments.
2. The traditional approach of local arrangements has benefited radiographers considerably.
3. Management negotiated and agreed to pay benchmarking, it is right and appropriate that the required productivity and flexibility be achieved from staff in return.
4. As competition continues to increase and revenue drops as a result, the need for flexibility within reasonable cost parameters is required.
5. Concession of this claim would be financially disastrous for the hospital.
RECOMMENDATION:
The Court is of the view that management's proposal to extend the working day to 10pm and the working week to include rostered Saturdays, represents a very significant restructuring of the current working arrangements.
The Hospital pointed to the increasing competitive pressures it is experiencing and the need to bring about such restructuring.
The Union stated to the Court that it is prepared to respond in a positive manner to these proposals but was not prepared to accept a diminution of radiographer's earnings as a result.
With these factors in mind the Court recommends that for the benefit of both parties going forward, negotiations should commence on developing a financial model to remunerate the proposed restructuring required.
The Court recommends that the services of a facilitator should be enlisted to assist in these negotiations. If a facilitator is not agreed between the parties, the Court will nominate one.
The facilitator will be required to report to the Court on the outcome of these negotiations, by no later than 9th October, 2005.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd_June, 2005______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.