FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Paid tea breaks
BACKGROUND:
2. The dispute concerns the number of paid tea breaks that Care Attendants take in St. Mary's Hospital, Drogheda. At present Attendants who work an 8-hour day take the following breaks:
15 minutes between 8.45 - 9.00 a.m.
20 minutes between 11.00 - 11.40 a.m.
30 minutes between 3.15 - 6.50 p.m.
The HSE is seeking to eliminate the 15-minute morning break and 30-minute afternoon break. The Hospital is one of three sites which make up Drogheda Elderly Services, the others being the Cottage Hospital and Boyne View Home.
The dispute was referred to the Labour Relations Commissions and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 7th April, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th June, 2009.
UNION'S ARGUMENTS:
3. 1. The HSE contends that 20 minutes is the normal period for an afternoon break. However, an agreement was put in place for a trial-period in 2000 which still exists that the afternoon break is 30 minutes.
2. The 15-minute morning break has been in existence for 30 years. LCR16389 issued in 1999 and recommended that the parties discuss the issue but this has not taken place. It is unacceptable that the HSE tries to eliminate it now without discussions taking place.
HSE'S ARGUMENTS:
4. 1. Management has no problem with the 20-minute paid break in the morning but believes that the other two breaks are excessive and need to be modified. At present staff are taking approximately 16% of an 8-hour shift on paid breaks. Management is happy for staff to take a cup of tea during the afternoon break in dispute as the service allows in lieu of that break.
RECOMMENDATION:
The dispute before the Court concerns the frequency and duration of breaks applicable to Care Attendants working in St. Mary’s Hospital, Drogheda. In 1999 Management had sought the abolition of a morning tea break and the Court recommended that discussions should be entered into“to review the changes sought in the break arrangement”.However, these discussions were never finalised.
Having considered the position of both parties the Court is of the view that the current arrangements of breaks within the working hours is out of line with the norm and should be changed. Therefore, the Court recommends in favour of Management’s proposal to abolish the 8.45 a.m. – 9.00 a.m. break. Furthermore, the Court recommends that the afternoon/evening break should be removed and replaced by a “working” tea break to take place on a staggered basis during the afternoon/evening shift.
The Court recommends that these changes to the existing break arrangements should take effect from 1st July 2009.
For the avoidance of any doubt, the Court does not recommend any change to the 20-minute break, taken between 11.00 a.m. and 11.40 a.m.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th June, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.