FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST LUKES HOME (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGAINISATION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. 37.5 Hour Week
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its members for the introduction of a 37.5 hour working week. In May 2007 as part of the settlement concerning the national nurses dispute, working hours for nurses were reduced from 39 hours to 37.5 hours. The reduction in hours was conditional on it being cost neutral and without diminution of service to patients. It is the Unions argument that, with a small number of exceptions, all health care facilities have introduced the shorter working week and that this Employer is the only one in the Cork area that pays public sector pay rates not to have introduced it. The Employers position is that the introduction of a shorter working week would lead to either an increase in costs or a diminution in services to patients contrary to the agreement at national level.
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 27th October, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th November, 2010.
UNION'S ARGUMENTS:
3. 1 All health facilities, that enjoy parity of pay with the public service have implemented the 37.5 hour week. There is no justification for obstructing implementation. The Employer is now seeking to cherry pick its obligations to staff.
2 The Union has sought to engage with the Employer on this issue on multiple occasions. The Union has observed the parallel process where all publicly funded facilities in Cork represented by the Union and 98% nationally have secured the reduced working week. The continued refusal to proceed with implementation is wholly unjustified.
COMPANY'S ARGUMENTS:
4. 1 Concession of the Unions claim will inevitably lead to either increased staffing costs or a substantial diminution in services to patients. Whilst cost neutral reorganisation of nurses' hours can be achieved, it is at the expense of a reduction of 45 nursing hours per week.
2 The employer has made every effort to secure funding to allow for the introduction of the 37.5 hour working week without increasing costs or curtailing services to patients. In November 2008 the HSE informed the Employer that there would be no funds made available to allow concession of the 37.5 hour claim.
RECOMMENDATION:
The Court, having considered the submission of both parties, is of the view that the issues in dispute would benefit from further engagement between the parties.Accordingly the Court Recommends that the parties re-engage, at an appropriate level, with a view to reaching an agreement on the introduction of a 37.5 hour week for nurses in a manner consistent with the NIB statement of 15th May, 2007. The talks should be concluded within three months of the date of his recommendation. Any outstanding issues at that time may be referred back to the Court for final recommendation.
The Court so Recommends.
Signed on behalf of the Labour Court
Brendan Hayes
25th November, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.