FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN MID LEINSTER - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. (A) Enhanced sleep time (B) starting time for on-call.
BACKGROUND:
2. In 2002 enhanced sleep time was introduced for two theatre nurses at the Midland Regional Hospital in Portlaoise following night call-outs. This was introduced mainly due to the fact that the National Agreement provided for three nurses, however after the third nurse was added the existing staff still retained the old arrangement despite management's attempts to remove it.
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 December, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 4th June, 2009.
UNION'S ARGUMENTS:
3. 1. Existing arrangements for enhanced sleep time which was introduced by Management have now become custom and practice with the 13 nurses and they therefore should retain it.
2. The Union has not made a claim on behalf of 11 nurses who have joined the service since 2005 and therefore the practice will be phased out over time.
3.Starting time for on-call is a new issue, it was not discussed at the Labour Relations Commission and therefore is not properly before the Court.
MANAGEMENT'S ARGUMENTS:
4. 1. The current practice regarding enhanced sleep time should have ended in 2004 when the third nurse was appointed. The practice is out of line with sister hospitals in Tullamore and Mullingar and other Band 2 hospitals throughout the country.
2. The rostered day duty shift should be extended from 5pm to 9 pm as applies at other Band 2 hospitals including Midland Regional Hospital at Mullingar. The Unions refusal to cooperate is at variance with its obligations under both Sustaining Progress and Towards 2016.
RECOMMENDATION:
The Court has considered the submissions of the parties and recommends as follows:-
Sleep-Time:
The Management proposals on bringing sleep-time arrangements in respect of 13 Theatre Nurses at the Midland Regional Hospital in Portlaoise into line with national arrangements should be accepted and implemented.
Starting time for on-call:
That the rostered day duty shift be extended to 8 p.m. and on-call should begin from that time, i.e. 8 p. m.
Signed on behalf of the Labour Court
Raymond McGee
21/07/2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.