FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr Nash |
1. 40 Hour Week - Annual Leave & Retrospection
BACKGROUND:
2. In June 2006 the Union became aware that the Catering Assistants at Naas General Hospital were working a basic week of 40 hours, although they were contracted for only 39 hours per week. The Union raised the issue with the Health Service Executive (HSE) on how staff could be compensated for the additional hour worked each week. The 40 hour week has been in operation since 2002. The parties met and a number of proposals were put forward. The Company were willing to apply the overtime rate to the 40th hour going forward or reduce the working week back to 39 hours. The Union canvassed its members who sought the issued to be resolved in two ways; compensation for each year they worked without receiving the correct premium for the 40th hour of work and that the 40th hour be treated as 'banked time' or 'green days' going forward.
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 12th September, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th August, 2008.
UNION'S ARGUMENTS:
3. 1 The arrangement for the 40th hour of work per week to be 'banked' and used as additional leave applies already to a limited number of employees within the hospital. The build up of hours there leads to an additional 6 days leave per annum, which are referred to as 'Green Days'.
2 The only reasonable means of resolving the retrospective element of the claim is through financial compensation.
COMPANY'S ARGUMENTS:
4. 1 Less then 1% of staff are in receipt of 'Green Days'. There can be no extension of the accumulation of time to other staff as this would require staff substitution. The hospital is obliged to live within its financial allocation and imposed employment ceiling levels.
2 The Union's claim for the retention of the 40 hour week in this instance is inconsistent with and in direct contrast to its claim served nationally on the HSE for a reduction in the working week to 35 hours per week.
RECOMMENDATION:
The issue before the Court concerns the reduction of the working week to 39 hours for Catering Assistants employed at Naas General Hospital. The Union sought the introduction of 6 extra days annual leave plus compensation for the retrospective element of the reduction in hours. Management proposed to reduce the rostered working week by one hour and to retrospectively compensate the staff for the 40th hour since 2002.
Following discussions at local level between the parties on 5th December 2007, a proposal was put forward, which was later withdrawn by the HSE.
Having considered the submissions of both parties the Court is of the view that a general understanding to resolve this dispute was reached between the parties on 5th December 2007. The Court’s understanding of the terms arrived at by both parties on 5th December 2007 is as follows:
-The working week will be reduced to 39 hours, changes to working time to be agreed at local level.
-Retrospection of ½ hour for every week worked to be paid where a worker has not received overtime premium of time and one half for the 40th hour. This payment to be based on the current rate of pay
-Compensation for the ‘buy-out’ of the 40th hour to be paid at twice the annual loss i.e. 1 ½ hours pay by 52 weeks by 2 years at current rate of pay.
The Court is satisfied that these terms represent a fair and reasonable approach to the issue in dispute and therefore, recommends that both parties accept them with effect from 1st September 2008 and recommends that the compensation payments should be paid in two equal instalments – half on 1st September 2008 and the remainder on 1st March 2009.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th August 2008______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.