FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : THE ADELAIDE AND MEATH HOSPITAL DUBLIN, INCORPORATING THE NATIONAL CHILDREN'S HOSPITAL TALLAGHT, DUBLIN 24 - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Cover of Twilight Hours
BACKGROUND:
2. The Accident and Emergency Unit of the Children's Hospital operates on a 24/7 basis and up until a number of years ago two Nurses were employed specifically to cover the hours between 8pm and 1.00am (known as the 'twilight roster') on a rota basis. When these two Nurses left Management posted a roster to cover the twilight shift, as some staff consider these hours to be particularly unsocial the Union requested that the roster be withdrawn in order that the issue be processed through normal negotiation procedures.
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 26th January, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th March, 2009
UNION'S ARGUMENTS:
3. 1. Historically the twilight shift was a stand alone shift with specific contracts for twilight nurses, to adjust existing rosters to provide addition cover for this period necessitates a reduction in the nursing compliment during the rest of the day.
2. To request staff to increase their unsocial hours obligation further would be unreasonable, the recruitment of a twilight nurse to cover this shift would ease the pressure and allow the established working patterns to continue thus allowing staff to reconcile work and family life.
3. The difficulties being experienced in Paediatric A & E can be attributed to a reduction over the years in the Whole Time Equivalent, which should be increased to the agreed complement without further delay.
EMPLOYER'S ARGUMENTS:
4. 1. The need is service driven, based on attendance at the A & E and is part of normal on-going change which is covered under Towards 2016.
2. Staff themselves have identified that the shift is not adequately resourced, up to the point where they consider it to be a danger to patient safety. The Twilight Shift exists in other Paediatric Hospitals including Temple Street Hospital and Crumlin Children's Hospital.
3.All staff are employed on 24/7 day contracts which allows for adjustments in shifts to reflect the needs of the patients.
RECOMMENDATION:
The Court cannot condone non-compliance with agreed grievance procedures. It does, however, recognise the level of frustration on the part of the Union's members at the non-filling of the previous vacancy.
The Court recommends that the INO members should cooperate with the hospital's proposed arrangement for a maximum of three months while the Hospital fills the vacancy, which the Court also recommends.
Signed on behalf of the Labour Court
Raymond McGee
6th April, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.