FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE-WEST GALWAY REGIONAL HOSPITAL - AND - IRISH NURSES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Loss of earnings formula disturbance / relocation payment.
BACKGROUND:
2. The Health Services Executive (HSE) -Western Area is in the process of transferring the Orthopaedic Trauma Service from Merlin Park Hospital (MPHG) to University College Hospital Galway (UCHG). Negotiations on the transfer have been going on between the HSE and the two Unions representing nurses, INO and SIPTU and the target date for the move is the end of November, 2006. The Parties have been unable to reach agreement on a loss of earnings formula, i.e.
- Loss of on Call and/or Call out payment;
- Loss of Specialist Qualification Allowance;
- Payment of an Educational Grant;
- Career Opportunities;
- Relocation Allowance and the Union's claim for a disturbance/relocation payment for those moving to UCHG.
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 13th October, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th October, 2006.
UNION'S ARGUMENTS:
3.1 The Unions recognise the huge upheaval to all staff, irrespective of whether they move to UCHG or remain in MPRH.
2. The Unions contend that this is a service driven development of unique and significant change and whilst the HSE contend that the move for nursing staff is voluntary, in fact, it is the only option open to some to enable them to continue in their chosen pathway in Trauma Orthopaedics. Pay and conditions of employment are unilaterally changed by the HSE.
3. By offering compensation to those who are considering moving to the new location in UCHG, the Unions suggest that in the long term this will be a cost saving exercise, the appropriately qualified staff may consider moving, thus providing the desired skill mix.
4. The loss of earnings for Theatre and some other nursing staff is very significant and in fact a real hardship for some. The service remaining in MPRH is vital but changed and their specialist expertise is required to continue the elective aspect of the orthopaedic service.
5. Finance has been allocated to the Department of Health and Children for the transfer and the expansion of the ICU service. The Unions contend that the compensation sought would only be a very small percentage of that vast sum and that the HSE cannot state an inability to pay.
MANAGEMENT'S ARGUMENTS:
4.1 Management has guaranteed employment to all staff who wish to remain on the Merlin Park site and has agreed to provide a complementary bus service for staff who wish to transfer to the UCHG site. There will be no compulsory redeployment of staff.
2. The transfer of Orthopaedic Trauma Service from MPRH to UCHG is similar to the transfer of orthopaedic trauma services which took place in Limerick in 1999 where Orthopaedic Trauma Services transferred from Croom Orthopaedic Hospital to Limerick Regional Hospital and which was the subject of a Labour Court Recommendation LCR16150.
3. Management in the course of discussions with Unions have agreed to deal with any loss of earnings in accordance with the formula recommended by the Labour Court Recommendation, i.e. twice annual loss of earnings averaged over a two year period backdated from the date of transfer. This offer was rejected by the Unions.
4. Management does not agree that disturbance/relocation payment is warranted and it is the HSE's policy that payment of an allowance in these circumstances cannot be granted.
5. Concession of this claim may result in consequential claims from staff who have already transferred between the hospitals as part of the service development and would create precedent in relation to future integration of services across both sites. Also concession of the Unions claim would have financial implications for the provision of hospital services which could result in the reduction of these services.
RECOMMENDATION:
A number of claims were submitted to the Court on behalf of nursing staff concerning the proposed transfer of the Orthopaedic Trauma Service from Merlin Park Hospital to University College Hospital Galway. Some issues concern nursing staff remaining in Merlin Park Hospital and some concerning those transferring to the new service in University College Hospital Galway.
Having considered the views of the parties expressed in their oral and written submissions, the Court recommends as follows: -
Loss of On Call and/or Call Out Payments
The Court recommends that nursing staff who loose entitlements to On Call and Call Out Payments as a result of the transfer of services should be paid a lump sum compensation payment of twice the annual loss of these payments. This should be based on the average of the last two years backdated from the date of transfer.
Loss of Specialist Qualification Allowance
The Court recommends that nursing staff who will loose an entitlement to a Specialist Qualification Allowance as a result of the transfer of services should be paid a lump sum compensation payment of twice the value of the allowance.
Payment of an Education Grant
Hospital Management gave details of its commitment to provide personal training and development plans, to include subsidisation of educational costs, to those staff transferring to other areas within Merlin Park Hospital as a result of the transfer of the Orthopaedic Trauma Service. The Court is satisfied that the commitment given is appropriate to meet the needs of staff affected by the transfer of services. Consequently, the Court does not recommend in favour of the Unions’ claim for the Payment of an Educational Grant.
Hospital Management indicated at the Court hearing that its proposal document needed to be amended to encompass its commitment to provide subsidisation of educational costs, therefore the Court recommends that the final document including this amendment should be provided to the Unions within seven days of the Court’s recommendation.
Career Opportunities
The Unions expressed their concern regarding transferability and career security as a result of the transfer of services and sought an option for nursing staff to return to Orthopaedic/Theatre Nursing as vacancies arise in Merlin Park Hospital.
Hospital Management stated to the Court that it was anxious to give assurances to nursing staff in the event of such vacancies arising in the future. The Court recommends that the final document including this provision should be provided to the Unions within seven days of the Court’s recommendation.
Relocation Allowance
The Court has considered the claim for a relocation allowance for nursing staff moving from Merlin Park Hospital to University College Hospital Galway. The Court notes that in order to address the change in location, Hospital Management agreed to provide a free shuttle bus service on an ongoing basis for those nursing staff affected by the transfer of services. The Court sees no grounds for the payment of a Relocation Allowance in these circumstances. However, in return for their co-operation, the Court recommends one extra days annual leave for nursing staff who transfer, to be taken within twelve months of the date of transfer, on a once off cost neutral basis.
As Hospital Management indicated that final wording was needed to encompass its commitment to extend the present shuttle bus service to provide for additional stops and an extension of bus times, the Court recommends the final document on this provision should be provided to the Unions within seven days of the Court’s recommendation. For the avoidance of any doubt, the Court does not recommend that the bus service should be provided to cover call out periods.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th November, 2006______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.