FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST FRANCIS PRIVATE HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. 1. Night Shift Premium 2. Sunday Premium 3. Sick Pay Scheme 4. Maternity Leave 5. Unsocial Hours 6. Overtime 7. Public Holidays 8. Annual Leave 9. Saturday Premium.
BACKGROUND:
2. This case concerns issues a dispute between the Union and the Hospital in relation to Night Shift Premium, Sunday Premium, Sick Pay Scheme Maternity Leave, Unsocial Hours, Overtime, Public Holidays, Annual Leave and Saturday Premium payments for non-nursing grades employed by the Hospital. The Union is seeking parity of terms and conditions of Health Service Executives nursing staff employed by the Hospital.
Managements position is that, as the Hospital is a private, not for profit organisation, the costs of the claim are unsustainable and in breach of National Wage Agreements. It also contends that concession of the claim will inevitably lead to the closure of the nursing home attached to the Hospital and subsequent job losses.
As the issues were not resolved at local level they became the subject of a conciliation conference under the auspices of the Labour Relations Commission.Following discussions on the issues, proposals were put forward by Mangement on 31st May 2007 for the resolution of the dispute. It was agreed at Conciliation that issues relating to Unsocial hours, Overtime, Public Holidays, Annual Leave and Saturday Premium could not be addressed during the lifetime of the pay element of current National Wage Agreement, Towards 2016. Proposals on Night Shift Premium, Sunday Premium, Sick Pay Scheme and Maternity Leave entitlements were rejected at ballot.
As final agreement was not reached the dispute was referred to the Labour Court on 4th September 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 6th February 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The Unions claim is entirely reasonable. It is unacceptable that these support workers, who have contributed greatly to the success of the Hospital, enjoy less favourable treatment than HSE employees in the same organisation. The Union is seeking parity in relation to all allowances and premia paid to HSE employees of the hospital.
COMPANY'S ARGUMENTS:
4 1 The Hospital cannot sustain the additional costs of the Unions claim. Not only is the claim cost increasing and, therefore, precluded under National Wage Agreements but the enormous cost would inevitably affect the viability of the organisation going forward.
2. Management have put forward reasonable proposals, in relation to the issues in dispute, in an attempt to resolve the dispute.
RECOMMENDATION:
The Court recommends that the final proposals made by the Hospital Management on 31st May 2007 should be adjusted to provide for 5 days uncertified sick leave in any one year, any other absences to be covered by medical certificate and a maximum of 6 weeks sick pay in any rolling 12-month period.
All other aspects of the 31st May 2007 should remain unchanged and the composite proposal should be accepted by both parties.
Signed on behalf of the Labour Court
Raymond McGee
15th February 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.