FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MATER UNIVERSITY HOSPITAL - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Rate For Standby/On Call
BACKGROUND:
2. The issue before the Courts concerns the on-call rate of pay for Transplant Coordinators at the Hospital. Following local discussions on the conditions pertaining to the role of Transplant Coordinators, the issue of the rate of pay for being on-call remained unresolved. The Union on behalf of its members are seeking parity with Transplant Coordinators in other hospitals. It is the Hospital's position that this is a cost increasing claim and that the rate of pay for on-call is agreed locally.
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 13th March, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st May, 2009.
UNION'S ARGUMENTS:
3. 1 The on-call rates for the Transplant Coordinators should be increased so as to be in line with the rates paid in other hospitals.
2 It is the Union's view that the rates which apply in the Hospital are unfair and considerably undervalues the work which is carried out by the Transplant Coordinators.
MANAGEMENT'S ARGUMENTS:
4. 1 The claim by the Union is cost increasing. The Hospital has no funding for this purpose. An increase for the Transplant Coordinators will have implications for other staff at the Hospital and across the health sector.
2 Historically separate local agreements in each of the transplantation centres were made in relation to employment terms and conditions including payment arrangements for Transplant Coordinators.
RECOMMENDATION:
It is noted that terms and conditions of employment for nurses generally is determined by negotiation at national level. While the rates for transplant coordinators have, heretofore, been established locally the logic of the Union's claim is that there should be a common standby rate for this duty.
It is the Court's view that if the Union wish to pursue a change in the current arrangements they should do so through the national negotiating forum.
Accordingly the Court does not recommend concession of the claim as presented.
Signed on behalf of the Labour Court
Kevin Duffy
3rd June, 2009______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.