FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE MIDLANDS - AND - IRISH NURSES AND MIDWIVES ORGAINISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Call-Out Payments
BACKGROUND:
2. This case concerns a dispute between the Health Service Executive (HSE) Midlands Region and the Irish Nurses and Midwives Organisation (INMO) in relation to on-call/call out payments. The claim specifically concerns Clinical Nurse Specialists who provide Palliative Care to patients in their own home at weekends. If a call out is required the appropriate payments are applied and travel expenses are also paid. The issue in dispute concerns time spent speaking to patients/relatives on the telephone while deciding if a call out is necessary.
The Union is claiming that such time should be reckonable for call-out payments, as it is an essential part of the service and is more time and cost effective than unnecessary call-outs.
Management's position is that an on-call allowance is payable to the Clinical Nurse Specialists and is in excess of allowances paid to other nursing grades that provide on-call/call out services. The rates payable were enhanced following a review of the service conducted in 2006 which took into accountthe specialist nature of the work involved.
The dispute was not 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 matter was referred to the Labour Court on 21st January 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 2nd February, 2010.
UNION'S ARGUMENTS:
3 1 In many cases speaking on the telephone can prevent the necessity to make a call-out to a patient's home. In such circumstances it is much more cost effective resulting in significant savings and a more efficient service.
2 The Union's claim is reasonable on the basis of the increased amount of calls and the frequent need to seek advice from the G.P before reverting to the patient/relative, and the expanding nature of the service. The time spent on the telephone is time worked and should be paid for at the appropriate rates.
MANAGEMENT'S ARGUMENTS:
4 1 As well as receiving on-call/call-out payments, the staff in question receive an enhanced allowance for carrying a mobile phone, which is paid to take into account the specialised nature of the work
2 Concession of the claim would not only be unsustainable but would also result in repercussive claims for all staff who carry mobile phones while on call at weekends.
RECOMMENDATION:
The matter before the Court concerns a claim by the Union on behalf of Palliative Care Clinical Nurse Specialists, who provide an on-call service to patients at weekends, for the payment of call out rates when they are required to work over the telephone. The Union sought the premium rates to apply to time spent on telephones and on documentation work at weekends. It also sought retrospection of such payments back to June 2007 when it initiated its claim.
Management stated that there was no national agreement on the rate of pay for Palliative Care Clinical Nurse Specialists required on-call at weekends. However, it pointed to the enhanced on call rates which apply to these nurses in comparison to those which apply to other nurses on-call.
The Court notes that the on call payments which apply to the Claimants were reviewed in 2006 and take account of the specialised nature of the work required at weekends by the Palliative Care Clinical Nurse Specialists in comparison to similar/equivalent grades. For that reason the Court does not find merit in the Union’s claim and therefore the claim is rejected.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd February 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.