FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE (REPRESENTED BY HSE - EMPLOYERS AGENCY) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. 35 Hour Week.
BACKGROUND:
2. Based on a set of Recommendations by the National Implementation Body (NIB) relating to the phased reduction from 39 to 37.5 to a 35 hour week for Nurses, the Union lodged a similar claim for its approximately 28,000 members in all other grades within the Health Services who are currently on a 39 hour week. The Employer rejects the claim on the grounds that the NIB Recommendation was specific to Nurses and Midwives in the context of the Social Partnership Agreements.
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 the agreement was not reached, the dispute was referred to the Labour Court on the 9th November, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 24th April, 2008.
UNION'S ARGUMENTS:
3. 1. Hours for these grades have not been reduced in over 20 years, so reform is now overdue especially when traditionally both Nurses and support staff have enjoyed the same number of working hours.
2. The delivery of an effective health service is a team activity and there must be equality among all members of the team in regard to their conditions of work particularly in relation to their hours of work.
COMPANY'S ARGUMENTS:
4. 1. The Social Partnership Agreement 'Towards 2016' does not provide a mandate to consider such a cost increasing claim. If conceded it is estimated to cost the exchequer approximately €144 million extra per annum.
2. The NIB statement of the 15th May 2007 was specific to Nurses and Midwives only, it should also be noted that it is a requirement that arrangements are to be put in place in order to allow the recommendations to be implemented on a 'cost neutral basis'.
RECOMMENDATION:
The Union submitted a claim to the Court seeking a reduction in working hours from 39 hours per week to 35 hour per week, on behalf of the following grades:-
- Advanced Paramedics, Paramedics, Leading Paramedics, Child Care Leaders, Child Care Workers, Emergency Medical Controllers, Leading Emergency Medical Controllers, Support Grades & All Supervisory Grades and Telephonist Grades.
In these circumstances, the Court is satisfied that the Union's claim is cost-increasing and is, therefore, debarred by the terms of "Towards 2016".
Accordingly, the Court cannot recommend concession of the claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th May, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.