FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JOHN'S HOSPITAL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Introduction of a Flexitime System
BACKGROUND:
2. St. John's is a voluntary acute Hospital with 103 beds providing a range of services to patients in Co.Limerick. The Union on behalf of its approximately 80 administrative and clerical staff members is seeking the introduction of a flexitime system within the Hospital. In the current economic climate Management consider that the set up costs of such a scheme are prohibitive not-withstanding such a scheme's long term benefits.
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 6th April, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd March, 2010.
UNION'S ARGUMENTS:
3. 1. The scheme may be either paper-or electronically-based, currently the HSE within the former Mid-West Region operates a paper-based system.
2. Management initially stated that the introduction of the scheme would be contingent on specific staff foregoing their afternoon tea break. The number of staff that this would affect is 14 and this number would reduce over time through natural wastage.
COMPANY'S ARGUMENTS:
4. 1. The set-up costs associated with the introduction of flexitime could be offset against improved efficiencies resulting in the discontinuation of the afternoon tea break. This in the opinion of Management, is entirely reasonable.
2. While a paper-based system would be less costly it would cause an increase in the workload for supervisory staff charged with overseeing the scheme. An electronic system that is compatible with systems already in place is Management's preferred option but due to the reduction in the allocation of funding there is simply no scope for discretionary spending at present.
RECOMMENDATION:
Having regard to all the circumstances of the case the Court recommends that the question of introducing a flexible attendance arrangement be reconsidered in 2011 in the light of the circumstances then prevailing.
Signed on behalf of the Labour Court
Kevin Duffy
24th March, 2010______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.