FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST (SLIGO GENERAL HOSPITAL) - AND - IRISH NURSES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. 2 hour time-back concession
BACKGROUND:
2. The Hospital currently operates 258 beds. At present 52 staff are assigned to night duty and all areas work the "long night" which is generally 8.15 p.m. to 8.15 a.m. Traditionally the rostering arrangement was to work a 7-night shift pattern with 7 nights off and then returning to day duty shifts. For many years staff who returned to day duty were allowed a 2-hour reduction to their working week; this was referred to as a "2-hour time back". Following the introduction of a 37.5-hour week management decided that the 2-hour time-back was inappropriate and should cease. The Unions' case is that the practice was long-established and could not be unilaterally withdrawn.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 21st August, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th November, 2010, in Sligo.
UNION'S ARGUMENTS:
3. 1. The practice of granting the 2-hour time back dates to at least the early 1990s and possibly before. The issue was first raised in 2004 and the practice continued in the Hospital without dispute. The HSEA at the time agreed that there should be no diminution of the employees' times. Management should have consulted with the Union instead of a making a unilateral decision to withdraw the time-back.
HOSPITAL'S ARGUMENTS:
4. 1. It became apparent in 2004 on the implementation of the 37.5-hour week that staff in the Hospital were being granted 2 hours time off to which they were not entitled. It meant that staff were, in effect, receiving 2 hours' pay in excess of their entitlements. This has an annual cost of €150,000 to the Hospital, something it cannot afford in the current economic climate.
RECOMMENDATION:
The concession in issue, while anomalous, is of long standing and has become an established condition by custom and practice. In these circumstances the employer cannot unilaterally discontinue the practice.
The Court recommends that the two hours concession be restored with immediate effect. However the parties should enter into negotiations on terms upon which this anomaly can be eliminated.
The question of compensation for the loss to date arising from the withdrawal of the concessions should be addressed in the negotiations referred to above.
Signed on behalf of the Labour Court
Kevin Duffy
18th November, 2010______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.