FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JOHNS HOSPITAL - AND - INMO DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Payment For Theatre Overruns
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its members for the retention of a time back arrangement for theatre nursing staff required to remain on duty after 5pm. The reconfiguration of health services in the Mid West commenced in 2009. As a result staff have undergone significant change. This includes the cessation of all on-call theatre facilities at the hospital and the introduction of a five day a week elective surgical caseload from July 2009. It had previously been agreed that when a nurse was required to stay after 5pm in a situation where a theatre case had not been completed, an on-call without standby payment of €84.68 time back in lieu was received. Following reconfiguration the Employer agreed to continue the on-call payment, which equates to two and a half hours overtime, but rejects the claim for time off in lieu.
This 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 28th July, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 26th May, 2011.
UNION'S ARGUMENTS:
3. 1 The on-call without standby arrangement at the hospital is a long standing local arrangement since 2003. It is standard practice in throughout the HSE that where on-call without standby applies that time back is also applied. At no stage during the Conciliation Conference in 2009 did Management indicate they were intent on changing this arrangement.
2 Following a national agreement in 2003 it was agreed that all theatre overruns would be paid at overtime rates without time back. Management at the hospital chose at that time not to implement this revised national arrangement and implement on-call without stand by arrangements instead.
MANAGEMENT'S ARGUMENTS:
4. 1 The nationally agreed payment for theatre overruns specifically excludes time off in lieu and it is this arrangement that was in place in June 2009 in the case of theatre overruns.
2 Management has already granted a concession to theatre nurses in respect of payment for theatre overruns which is significantly more beneficial to staff than nationally agreed arrangements. The arrangements reached and agreed to at Conciliation in June 2009 supersedes any previous arrangements that may have existed
RECOMMENDATION:
It seems clear that the parties negotiated at cross-purposes in 2009 when the LRC agreement was reached. It further seems to the Court that in these circumstances there was no valid agreement reached between the parties as there was substantial differences in their understanding of what was being agreed.
The court recommends that the parties revert to the position which applied before the Conciliation Conference of 2009, or in the alternative they apply the terms of the National Agreement. They should then enter into negotiations on the arrangements to apply in the future.
Signed on behalf of the Labour Court
Kevin Duffy
16th June, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.