FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MATER HOSPITAL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Meal Voucher & Car Parking
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 27th January 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 21st March 2017.
UNION'S ARGUMENTS:
The Union stated that it was not acceptable that the Hospital had provided meal vouchers and car parking to one grade of worker for working overtime while not offering the same terms to other groups of workers working overtime.
COMPANY'S ARGUMENTS:
The Hospital argued that any overtime worked by non-nursing staff was regular and rostered and different in nature to the overtime schedule for nursing staff during the currency of the agreement to provide meal vouchers and parking. Furthermore, the Hospital stated that the agreement which led to the provision of meal vouchers and car parking to nurses had terminated on 31st December 2016 when staffing issues which led to the agreement were resolved.
RECOMMENDATION:
The Court has considered in detail the written and oral submissions of the parties.
The Court is asked to apply to non-nursing grades represented by the Trade Union before the Court the terms of an agreement reached between another Trade Union representing nursing staff and the hospital. The Court has been advised that the agreement with another Trade Union resulted in the awarding of meal and parking vouchers to nursing staff when working overtime. The Court has also been advised that the agreement lasted for a period of eight months in 2016 until the specific issues giving rise to it (i.e. difficulties with recruitment and retention of nursing staff and the consequent need for staff to work additional hours), were resolved.
The Court notes that no arrangements are currently in place in the hospital as regards meal vouchers and parking vouchers for nursing staff working overtime since the specific agreement designed to address issues of recruitment and retention ceased in December 2016. The Court is advised that the cessation of operation of these arrangements occurred when the issues giving rise to the agreement ceased to obtain in the hospital.
The Court notes the assertion of the hospital that, during the period of currency of the agreement with a Trade Union representing nursing staff, no difficulties were experienced by the hospital in recruiting or retaining non-nursing staff in the grades represented by the Trade Union in the within case. The Court notes also the assertion of the hospital that, were such issues to arise in respect of such staff, the hospital would seek to engage with the Trade Union representing non-nursing staff in an effort to resolve any issues arising therefrom.
In all of the circumstances the Court cannot support the contention that any agreement made between the hospital and a trade union representing a grade of staff in resolution of a particular issue arising for that grade should automatically apply to staff across the hospital including staff in grades where the matter at issue and giving rise to the agreement does not apply. The Court does not recommend concession of the Trade Union claim.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
22 March 2017______________________
JDChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.