LCR21049

FULL RECOMMENDATION

CD/15/186

RECOMMENDATIONNO.LCR21049

(CCC-155828-15)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

ST VINCENT'S UNIVERSITY HOSPITAL

- AND -

IRISH NURSES' AND MIDWIVES' ORGANISATION

DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr Shanahan

SUBJECT:
1. On-call payments (Liver Transplant Unit).

BACKGROUND:

2. This dispute concerns a claim by the Union on behalf of three Anaesthetic Nurses in the Liver Transplant Unit for the restoration of locally agreed enhanced on-call rates. 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 8th June 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on the 16th September 2015.

UNION’S ARGUMENTS:

3. 1. The Union is seeking restoration of the enhanced rates which were removed from the three Anaesthetic Nurses in the Liver Transplant Unit.

2. It is only fair and just that the Nurses are paid the fair and appropriate rate for the extreme inconvenience related to on-call work in the national Liver Transplant Unit.

3. It is only by restoring the rates that the Nurses will have any chance of having a normal working and family life restored by having more colleagues incentivised to provide this life-saving and essential public service.

EMPLOYER'S ARGUMENTS:

4. 1. The Employer acknowledged that the on-call frequency did increase towards the end of 2014. However, this occurred due to retirements, resignations and the facilitation of leave of absence.

2. All of the Nurses who undertook any increased frequency of on-call were paid for doing so at the nationally-approved rates applicable to Theatre Nurses.

3. Since 2012 all nursing staff who participate in the on-call after-hours arrangements for the Liver Transplant Service are now paid in line with the national on-call rates applicable to Theatre Nurses.

RECOMMENDATION:

The matter before the Court concerns the Union’s claim on behalf of three Anaesthetic Nurses in the Liver Transplant Unit for the restoration of locally agreed enhanced on-call rates. The issue of the removal of the enhanced on-call rates which were paid over and above the nationally agreed theatre rates was the subject of Labour Court Recommendation No: 20347 where the Court recommended as follows:-

The Court understands from the parties that plans are underway to increase the number of Theatre Nurses capable of providing the Liver Transplant Service and this will facilitate standardisation of on-call arrangements. Therefore, the Court recommends that the existing on-call arrangement should be retained until such time as the frequency of on-call arrangements for the staff of the Liver Transplant Service are standardised with similar Theatre Nursing grades.

Improvements were made to the frequency of on-call arrangements, the enhanced rates ceased to be paid with effect from 1^stOctober 2012 and compensation in line with the Public Sector Agreement 2010-2104 agreed compensation formula was paid to each of the Claimants for the loss of higher earnings which occurred. However, the Union was dissatisfied with the level of frequency of on-call. Around September 2014 the situation deteriorated due to a number of retirements resulting in the level of on-call arrangements increasing again for the Claimants. As a result the Union submitted a claim to the Court for the restoration of the enhanced rates from 14^thSeptember 2014. It submitted that the level of frequency was exacerbated by Management’s failure to include relief cover on the roster to take account of annual leave and other forms of leave, the liability of the Claimants to be on the General Theatre on-call roster and their liability to be rostered for night duty.

Management stated that a realignment took place with effect from 1^stOctober 2012 to bring about an on-call commitment of an average of 6 -7 days’ on-call over a 10-week period with no more than a one-in-six on-call commitment. Unfortunately due to retirements, resignations and facilitation of leave of absence the on-call commitment increased. Management further stated that plans were put in place to improve the participation level as early as possible subject to available nurses, training and transplant activity. Management stated that since 1^stJune 2015 the Hospital had reached a one-in-six rota, by October 2015 it will reach a one-in-eight rota and by January 2016 it will achieve a one-in-nine rota.

The Court dealt with the issue of standardisation of on-call payments in Labour Court Recommendation No: 20347 which was accepted by both parties and implemented. Having considered the submissions of both sides the Court does not find merit in reintroducing the enhanced on-call rates as sought by the Union. The Court notes that the reduced numbers of employees available for on-call within the Unit which resulted in a deterioration of the on-call arrangement in September 2014 is an issue which is being actively addressed by Management and continuing efforts are being made to improve the situation even further.

The Court recommends that Managements’ plans to improve the frequency of on-call commitments should include giving consideration to taking account of relief cover for employees’ leave arrangements and for the Claimants’ liability to be available for the General Theatre on-call roster. The Court does not see any reason to take account of night duty rosters in this regard.

The Court recommends that the on-call arrangements should be reviewed in May 2016 to ascertain their effectiveness.

The Court so Recommends.

Signed on behalf of the Labour Court

Caroline Jenkinson
CO'R______________________
30th September 2015Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.