FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BON SECOURS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - INMO DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Change in Roster Start Time - Night Duty
BACKGROUND:
2. This case concerns a dispute between Management and the Union in relation to a proposed change in start time to the night shift at the hospital. The current shift begins at 8.50pm whereas management are seeking to change the start time to 8pm. The additional 50 minutes per shift can be "banked" and used at a later date. Management contends that in order to remain competitive and keep costs down the additional leave should be taken at a time when the hospital is not busy and no replacement staff would be needed to cover the absences. The Unions position is that the staff should be permitted to take the leave at a time that suits their personal circumstances.
The dispute was not 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 matter was referred to the Labour Court on 9th November, 2011 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 2nd February, 2012.
UNION'S ARGUMENTS:
3 1 The current rostered start time of 8.50pm was introduced at the request of management. If management is seeking to change starting time to 8pm, and to allow the workers to bank the time and take it at a later date, the leave should be taken at times that suit the workforce.
2 The workers are already taking 12 nights (6 for job sharers) off to facilitate a reduction in the working week from 39 to 37.5 hours. These hours are taken at the discretion of management. It is unacceptable that further additional leave accrued to facilitate management must also be taken at management's discretion.
COMPANY'S ARGUMENTS:
4 1 If staff take the additional time off at their own discretion it may result in the Hospital incurring further staffing costs which would be unsustainable in the current economic climate.
2 The Hospital must roster its staff in the most efficient way possible. All other affected staff have accepted the change and management cannot amend the current arrangements for a minority of staff.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this dispute.
The Court takes the view that the changes sought by management are not unreasonable and impose no particular hardship on this group of staff over and above any of the other groups affected. All of those other groups have agreed to co-operate with the proposed changes.
The Court notes that the parties to this dispute have shown that they, and all other night staff whose shift start time is being brought forward to 8 p.m., will as a consequence of the proposed changes, suffer a minor reduction in the number of discretionary annual leave days they may take in any one year. On the other hand the change in the length of each shift will result in the full time staff affected being rostered off work for an additional 13 days per annum. Part time staff will be rostered off work for an additional 6 days per annum.
The Court takes the view that these conflicting changes more than cancel each other out. They do not amount to justification for greater flexibility around the timing of annual leave.
The Court, by way of contrast, notes that full time day staff affected by these changes will incur a liability to be rostered to work an additional 13 days per annum. This will more significantly impact upon the flexibility they currently have with regard to time off. The Court notes that no comparable claim has been submitted by or conceded to this group.
In all the circumstances of this case the Court does not recommend concession of the Union's claim and recommends that the changes sought by management be introduced without further delay.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
5th March 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.