FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE- WEST - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Removal of Festival Days from community-based Nurses.
BACKGROUND:
2. The case before the Court concerns a dispute between the HSE-West and the INO in relation to the withdrawl of two half Festival Days from community based nurses. Prior to 2003, Public Health Nurses (PHNs) were given two half-days concessionary leave to attend local festivals. Registered General Nurses (RGNs) also received the two concessionary half days when acting as locums for the PHNs. It was subsequently proposed that these concessionary days would be withdrawn from all nursing staff on the basis that it had only been intended to apply these days to clerical and administrative staff. The Union's position is that the concessionary Festival Days had been a long- established practice applicable to both PHNs and RGNs and should not be withdrawn without negotiation and agreement with the Union.
The dispute was not resolved at local level and was the subject of a number of Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached the dispute was referred to the Labour Court on 22nd April, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court Hearing took place on 7th March, 2006, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The concessionary Festival Days were implemented by agreement and have exitsed over a long period of time. It is unaceptable that Management unilaterally withdrew these days without entering into discussions with the Union.
MANAGEMENT'S ARGUMENTS:
4. 1. The days in question were discretionary. Nursing grades had no entitlement to these days. Initially the days were given to PHNs through agreement with the employer and the Union. It was never agreed that the days would also apply to RGNs.
2. The HSE-West has already conceded 3 other concessionary days for its RGNs. It is not in a position to further extend concessionary leave to this group.
RECOMMENDATION:
The Court has considered the submissions of the parties. It is clear to the Court that a long-standing agreement existed through custom and practice which suited both parties.
If the Employer wishes to change an agreement or well-established practice, this should be done through negotiation and agreement.
In the circumstances, the Court recommends concession of the Union's claim with appropriate retrospection.
Signed on behalf of the Labour Court
Raymond McGee
31st March 2006______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.