INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
NORTH WESTERN HEALTH BOARD
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
IRISH NURSES ORGANISATION
Chairman: Mr Flood
Employer Member: Mr Doherty
Worker Member: Mr. Somers
1. Relocation payment.
2. The dispute concerns a residential care unit operated by the Board outside Sligo and for some time discussions have been ongoing about the relocation of the service users (and the staff) to a community based environment on a phased basis. The Union's claim is for a relocation payment in line with precedents in other similar situations. The Board rejected the claim.
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 24th February, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th May, 2004.
3.1 The proposed developments in the service will involve major change and upheaval in the lives of workers who will have to move work locations and in some cases have different working conditions.
2. Some workers will be leaving areas where they would be in receipt of a location allowance.
3. Similar agreements have been reached in other areas, most recent in Carlow, Kilkenny and Castlebar.
4. The workers are prepared and willing to pioneer and deliver a new and unique model of care. The Union feels that the workers should not be penalised for doing this but should receive a relocation payment and a location allowance.
4.1 The Board is precluded from agreeing to the claim under clause 19.6 of Sustaining Progress.
2. Sustaining Progress and Benchmarking agreements include a modernisation and flexibility agenda and the pay increases awarded take account of this type of change.
3. There is minimum disruption to staff as the new project is located in the same area as the residential unit.
4. Re-location is entirely voluntary.
5. There is a greatly improved working environment for both residents and staff in a purpose built/adapted home.
The Court, having considered the written and oral submissions made by the parties and taking into account all the arguments made does not recommend concession of the Union's claim in this case.
Signed on behalf of the Labour Court
31st May, 2004______________________
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.