FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL REHABILITATION HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES' AND MIDWIVES' ORGANISATION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Introduction of 37.5-Hour Week.
BACKGROUND:
2. This case concerns a dispute between the National Rehabilitation Hospital (represented by IBEC) and the Irish Nurses and Midwives Organisation in relation to difficulties surrounding rostering arrangements on the introduction of a 37.5 hour-working week. The parties are currently in dispute in relation to new rosters which were put forward by the Union but were not compliant with the Organisation of Working Time Act, 1997 vis a vis the requirement to take adequate rest breaks. It had previously been the practice that if breaks were not taken, the time owed could be "banked" by staff on nights so that when they rotated back onto days they could finish earlier on the basis of taking the accrued time off. The Union does not accept management's proposals to alter this custom and practice within the Hospital.
Management's position is that it has made every effort to implement appropriate rosters within the parameters outlined. It contends that it must comply with legislation and cannot compensate workers for the changes that will occur as a result of the shorter working week and changes tothe rosters.
The dispute was not resolved at local level and was the subject of a number of Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 11th November, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 16th April, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The 37.5-hour working week was to be introduced on a cost neutral basis and without a diminution of service. It is unacceptable that management is attempting to use the introduction of a shorter working week to alter long established custom and practice within the Hospital in relation to the taking of breaks and related time off in lieu.
2 Nursing staff have, over many years, enjoyed paid breaks during their shifts. Management's attempts to introduce unpaid breaks is at variance with the workers conditions of employment and previous Labour Court Recommendations.
COMPANY'S ARGUMENTS:
4 1 Management has, at all times, engaged in good faith to introduce agreed workable rosters which comply with relevant legislation and the reequirements to introduce the 37.5 hour working week on a cost neutral basis and without a diminution of services. It has set up a Joint Working Group which has proposed three options on rostering which the Union has failed to accept.
2The new rosters will allow staff to take breaks off the wards. The previous situation of accruing leave to be taken at a later date is no longer sustainable in the current climate. In addition management is required to be complaint with the Organisation of Working Time Act, 1997 in relation to ensuring that proper breaks are taken.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties. The Court recommends that the parties establish a joint management-union working group to develop new working arrangements, including rosters and appropriate breaks, that meet the criteria set out in the NIB Statement, comply with the provisions of the Organisation of Working Time Act, 1997, and meet the patient care needs of the hospital. The reduction of the working week to 37.5 hours may require some alteration to existing conditions, breaks and rosters and in addition the deployment of additional staff as outlined, by management, to the Court. Accordingly, the parties should try to agree the optimum configuration of new and/or existing hours of duty, rates of pay, rosters and rest break arrangements consistent with the criteria outlined above.
This exercise should be completed within one month and the outcome put to the staff for their consideration. In the event that agreement cannot be reached or that the outcome is not accepted by the staff of the Hospital the matter may be referred back to the Court for a final Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
11th May 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.