FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST - AND - INMO & SIPTU DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Termination of interim 2001 agreement.
BACKGROUND:
2. This dispute concerns the termination of the 2001 Interim Monaghan & Dundalk Maternity Services Agreement. 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 27th February, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th June, 2013.
UNIONS' ARGUMENTS:
3 1 The Employer unilaterally terminated the interim agreement.
2 The Workers only receive premium payments when they work premium shifts.
3 Any loss should be compensated for in accordance with the Public Service Agreement.
EMPLOYER'S ARGUMENTS:
4 1 It was never envisaged that this interim agreement would last for over a decade.
2 It is unrealistic to expect the Employer to continue to pay for rosters that are not being worked.
3. This cost-increasing claim is precluded under the terms of the Public Service Agreement.
RECOMMENDATION:
The matter before the Court concerns the termination of the Interim Monaghan and Dundalk Maternity Services Agreement of 2001. This Agreement was reached between HSE, INMO and SIPTU and concerned interim measures required to deal with the closure of the maternity units at Monaghan and Dundalk Hospitals. It was designed as a temporary measure for twelve months and was subject to review in the event that the final position regarding the future of the maternity units was not determined by that point. The Agreement provided interim measures, including commitments regarding retention of earnings and payments for travel and subsistence for the period of the agreement.
The final decision to close the maternity units was not made until September 2011. However, the Agreement was not reviewed and the payments continued to be paid in the meantime. Due to the lengthy period before a final decision on the maternity units could be made many of the payments continued in existence and some ceased in recent years. The Unions sought a termination date of the interim agreement which it submitted should be 5thJune 2013 (the date of the Court hearing) and accordingly sought retrospection in respect of payments which ceased in August 2008, red-circling of allowances and buy out of travel and subsistence payments.
To address the Unions’ claims Management submitted a set of proposals to the conciliation officer of the Labour Relations Commission, dated 19thNovember 2012. These were set out at Appendix 6 of the Unions submission to the Court.
Having considered the submission of both sides the Court is of the view that management’s proposals dated 19thNovember 2012 are reasonable in the circumstances and should be accepted in full and final settlement of the Unions claims before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th July, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.