FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST / ARAS ATTRACTA - AND - PNA SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Failure to Adjust Pay Rates Relating to 37.5 Hour Week.
BACKGROUND:
2. The issue before the Court concerns the introduction of a 37.5 hour working week for nurses. In May 2007 the National Implementation Body issued a statement requiring a reduction from 39 to 37.5 hours for a nurses working week. This was to be introduced at a cost neutral basis from the 1st June 2008. The parties to this claim began negotiations on the implementation of the 37.5 hour week in late 2007. Each Union negotiated separately with Management. The 37.5 hour nursing week was introduced in Aras Atttracta on 1st November, 2009 with the exception of the night roster which remained a 39 hour week. The staff on the night roster took the time owed on the day shift by either a late morning start or early evening finish. The Unions are seeking to retain the 37.5 hour working week and have pay and conditions adjusted accordingly. Management's position is that the current working arrangements were introduced on a trial basis and is not cost neutral.
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 July, 2010 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th May, 2011.
UNIONS ARGUMENTS:
3. 1 The 37.5 hour working week for nurses was introduced on 1st November, 2009. Management never suggested that this was on a trial basis. It was agreed between the parties that restructuring would occur to allow implementation of 37.5 hour working week. Management failed to continue with restructuring.
2 The Unions are seeking for Management to proceed with the agreed process of restructuring and the introduction of the correct pay rate with all back monies paid.
COMPANY'S ARGUMENTS:
4. 1 The introduction of the 37.5 hour working week for nurses was to be on a cost neutral basis. Other areas which did not introduce the reduced working week by the implementation date in 2008 and who have only recently introduced it have done so on this basis.
2 Management are more than willing to engage with the Unions to discuss problems with the current rostering arrangements for the 37.5 hour week and see how these difficulties can be overcome.
RECOMMENDATION:
It is clear that the national agreement providing for the introduction of a 37.5 hour week provides that it is to be achieved on a cost neutral basis.
Management are anxious to resolve outstanding issues through negotiations with the Unions jointly. The representatives of SIPTU told the court that they are unwilling to engage in joint negotiations.
In these circumstances the court cannot see how the resolution of the current dispute can be satisfactorily advanced or how any recommendation which the court could make at this time would be of assistance to the parties.
The Court can only suggest that the parties return to conciliation and that they seek to introduce agreed arrangements which conform to the national agreement on a 37.5 hour week on a cost neutral basis.
Signed on behalf of the Labour Court
Kevin Duffy
19th May, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.