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. Hearing arising from LCR19805.
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 to the rosters.
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 11th November, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th April, 2010 and a Recommendation LCR19805 was issued on the 11th May, 2010 which stated:-
"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."
Both parties have agreed to refer the matter back to the Labour Court for a final Recommendation as further talks have failed to produce an acceptable roster. A second Labour Court hearing took place on the 1st December, 2010.
UNION'S ARGUMENTS:
3. 1. The shorter working week should have been introduced with effect from 1st June, 2008, as it is unreasonable for staff to have to attend for work an extra 1.5 hours per week since that date.
COMPANY'S ARGUMENTS:
4. 1. The Hospital remains committed to doing everything within its power to implement the reduction of hours in the working week for nursing staff. In the interest of fairness and democracy, a ballot by staff, which would allow them to select their most preferred roster option, should take place.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this dispute.
From the information provided to it the Court is satisfied that the Hospital’s current breaks pattern on the night shift needs to be altered to bring it into line with the provisions of the Organisation of Working Time Act 1997. Simultaneously the Hospital is making arrangements to reduce the working week of nurses to 37.5 hours. To give effect to both of these obligations the Hospital, with the assistance of some staff members, though not the formal approval of the INMO, has prepared three rosters for consideration by the staff.
The Court is satisfied that these rosters represent a reasonable effort, on the Hospital's part, to meet these twin obligations of being within the terms of the Working Time Act and the NIB Statement on the terms on which the 37.5-hour week may be introduced, to address the concerns of the staff affected.
The INMO should now establish which of the three rosters has the most widespread support in the Hospital and notify management accordingly.
The Court so recommends
Signed on behalf of the Labour Court
Brendan Hayes
31st December, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.