FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST. MICHAEL'S HOUSE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Christmas opening the 29th, 30th and 31st December each year.
BACKGROUND:
2. St. Michael's House is an organisation, employing approximately 1500 staff, that provides a range of services to individuals with intellectual disabilities including day services, residential services, schools, employment and training. These services are provided in the greater Dublin area and currently there are approximately 1424 people in receipt of these services. The issue before the Court relates to the closing of day services on the 29th, 30th and 31st of December on a yearly basis.
- Management maintains that due to the increased needs of service users and their families a continuity of service is required over the Christmas and New Year period. The Unions disagree with Management's contention and they further contend that due to the intense and demanding nature of the work a long break over the Christmas/New Year period is needed to allow staff to rest. The service on these dates has been in operation on a voluntary basis since 2003. The matter has been the subject of intense negotiations for the past two years without resolution.
- 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 16th June, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th October, 2005, the earliest date suitable to the parties
- 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 16th June, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th October, 2005, the earliest date suitable to the parties
3. 1. Proposals put forward by Management in relation to the need for the service during the Christmas and New Year period and Annual Leave arrangements were balloted by the Union's Members and rejected. The Members have serious concerns regarding lack of relief staff for cover during the rest of the year to allow for the taking of Annual Leave in lieu of working on the days in question. The staff's current leave system includes four "floating days" and problems are experienced when trying to provide cover for staff taking these"floating days" leading to additional workloads and stress. This problem will be exacerbated if the number of "floating days" is increased to seven.
2. The Unions are not convinced of the need for all staff to be available of work over the Christmas period. Few facts and figures have been forthcoming from Management.
3. The Unions believe that an agreement that is voluntary in nature would accommodate Management's aspirations and be acceptable to a majority of Members.
MANAGEMENT'S ARGUMENTS:
4. 1. The organisation has made exhaustive efforts over two years to resolve the issue at local level. A total of twelve meetings were held during that period where negotiations were conducted in a positive manner and Management supplied any information requested of them.
2. It is imperative that the organisation provides the highest quality of service to its service-users and families throughout the year, including the Christmas period. Their needs have changed as they've grown older and parents are finding it difficult to cope with the demands, which are being placed on them. The organisation has a duty to provide for its users needs.
3. The Organisation of Working Time Act, 1997, states that the time at which annual leave is taken is determined by the employer. The proposal to open over the Christmas and New year period is normal ongoing change under Sustaining Progress and the organisation has paid all elements of Sustaining Progress.
RECOMMENDATION:
The Court recommends that the parties should accept that the current needs of Clients require that the service be provided on the three days at issue. The Court notes the respective positions of the parties and recommends that outstanding differences be resolved on the following bases:
1. Management should seek to ascertain the demand for its services on the days in question. They should then determine the staff requirements necessary to provide the level of service expected.
2. In the first instance volunteers should be sought to provide the service required. If sufficient volunteers are not forthcoming staff should be allocated on an inverse seniority basis having regard to the requirements for particular skills, etc.
3. Staff who work on the days in question should be afforded the annual leave which would otherwise have been taken at Christmas within three months thereafter where they so request it.
4. Sufficient relief staff should be made available to cover staff on leave.
5. Those who work the full three days concerned in 2005 and 2006 should receive an additional day's leave in each of the following leave years. This arrangement should be non-recurring and should not be relied upon as a precedent for any purpose.
6. These arrangements should be reviewed in January, 2007.
Signed on behalf of the Labour Court
Kevin Duffy
28th October 2005______________________
JO'CChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.