FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE NORTH EAST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Hours in excess of standard working week.
BACKGROUND:
2. The Union's case is that nurses doing shift work at Monaghan General Hospital have been underpaid by 4 hours for every 2 weeks' night-shift duty worked since 1968. The Union claims that the employer agreed to concede the claim in July, 2001, but then reneged on the deal claiming that nurses had been receiving a half-hour lunch break in error for many years and that this would have to be taken into consideration. Eventually in 2005 an agreement was reached with the nurses backdated to August, 2004, but the Union is still seeking retrospection for the years prior to 2004.
The dispute was referred to the Labour Relations Commissions and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 26th April, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th October, 2007, in Cavan.
UNION'S ARGUMENTS:
3. 1. The underpayment has been going on for many years. The employer has tried to obscure the merits of the claim by bringing into question the hours worked by nurses in the Hospital as a global issue, thus including large numbers of staff who do not work a rotating shift.
2. There has also been an attempt by the employer to claim that a paid 30-minute break on long shiftson day-duty(2 shifts per week) as time owed and that it was given in error. The Union categorically denies this. The "paid hour" per week is established custom and practice for over 30 years.
EMPLOYER'S ARGUMENTS:
4. 1. This issue has also been raised with the Irish Nurses Organisation (INO) who advised their members not to pursue the claim. However, realistically, if a claim were to be conceded, a knock-on claim from the INO will follow.
2. Management acknowledges the issue of the night-duty hours but cannot compensate staff for extra hours worked on night-duty while at the same time continuing to condone practices whereby staff do not work their contracted hours on day-duty.
RECOMMENDATION:
Having considered the submissions of the parties, the Court considers that the appropriate level of compensation is the formula agreed previously in similar circumstances for retrospection, that being 24 hours as already implemented in other Hospitals in the region.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
18th October, 2007______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.