FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE MID WESTERN AREA - AND - PSYCHIATRIC NURSES ASSOCIATION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Roster Returns Premium Pay - Unit 5B
BACKGROUND:
2. The Nurses concerned with this claim work a night duty roster where the shift is 11 hours and 45 minutes. They are paid for an 11 hour 25 minute shift. The 20 minutes extra worked is rewarded with a combination of salary at time and a quarter and leave in lieu. Night duty attracts a premium of time and a quarter and on Sundays and Bank Holidays it is double time. The Union's claim is that leave in lieu does not recognise the premium element of working nights and that its members wish to be reimbursed at time and a quarter for all work done on night duty and double time where appropriate. The Employer contends that they have acted in accordance with agreed local procedures and that staff are compensated for night work as agreed and accepted by staff.
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 24th August, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th October, 2007.
UNION'S ARGUMENTS:
3. 1 In a Conciliation Conference in 1998 management floated the idea that the 20 minutes that was not paid to staff was for a break during the shift. Staff were never informed of this nor was it negotiated. Staff are not allowed to leave the ward on their break as management would be liable if anything happened during the absence.
2 The Union's members feel strongly that they are required to remain on the Unit from the starting time of 8.15pm to finishing time of 8am. They carry out their duties the entirety of the time they are there. They should be reimbursed correctly for the work that they do.
3 New entrants to the service who work night duty in the unit concerned have been given a start time of 8.30pm. This removes them from the Union's claim as well as showing Management clearly felt that an inequality existed.
EMPLOYER'S ARGUMENTS:
4. 1 The Employer acted in accordance with agreed local procedures in compensating staff for time worked. This agreement has been in place for over 25 years and was agreed in conjunction with nursing staff at the time.
2 Management are prepared to renegotiate a new agreement but wish to introduce a formal meal break for staff. This was raised with the Union at the Labour Relations Commission in 2000 and has been raised with staff associations on a number of occasions. Some staff on night duty are availing of a meal break already and management have been continually trying to formalise this arrangement.
3 Staff are fully compensated for the time worked including premium payments. Any change to the current arrangements will need to be negotiated by all parties and can only be done so on the basis of a cost neutral arrangement.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court is of the view that the HSE interpretation of the compensation claim is the correct one.
The Court does not accordingly recommend concession of the Union's claim
Signed on behalf of the Labour Court
Raymond McGee
13th November, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.