FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MOUNT CARMEL HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - INMO DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Theatre on-call. Night Duty Rotation to Days - (Experiential Learning). Annual Leave. Holiday Premium 2011.
BACKGROUND:
2. This case concerns a dispute between the Irish Midwives and Nurses Organisation (INMO) and Mount Carmel Hospital (represented by IBEC) in relation to reductions in Theatre On Call rates, Night Duty rotation to days, reduction in Annual Leave and the non-payment of Holiday premium payment for 2011. The Company's position is that it is experiencing severe financial difficulties and must reduce its cost base if it is to remain viable into the future. The Union does not accept the reduction in allowances or other entitlements on the basis they are long established and reflective of the duties carried out by the workers.
As the matter was not resolved at local level the dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 15th June, 2012 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 11th July, 2012.
UNION'S ARGUMENTS:
3 1 The Union does not accept that the theatre on-call allowances be reduced. The allowances are agreed and reflect the responsibilities and commitment of the workforce.
2 There is no educational value in rotating from Night to Day duty as requested by management. The workers are significantly experienced from their current role and see no difference to the role that would be carried out during the day shift.
3 The additional annual leave entitlements are also agreed and have been in place for many years. It is unacceptable that management, having previously agreed the additional leave, are now seeking to unilaterally reduce the entitlement.
4 There is a long established practice that nurses are paid an additional payment to compensate for loss of access to premium payments while on annual leave. The Union does not accept that these payments were not paid for 2011 and are unlikely to be paid in 2012.
MANAGMENT'S ARGUMENTS:
4 1 The theatre on call allowance rates must be aligned to national rates immediately. The Hospital can no longer sustain the additional costs of the enhanced rates being paid.
2 It is beneficial from a performance and flexibility perspective for staff on night duty to rotate to days for two weeks each year. The Union's refusal to consider this option is unreasonable in all the circumstances.
3 The Hospital can no longer sustain the cost of the additional annual leave entitlements that currently exist. The financial circumstances of the Hospital require that the entitlements be reduced to reflect national levels.
4 The Hospital does not have the money to pay the Holiday Premium payments for 2011. It will pay the payments when it can but cannot commit to when the money will be paid.
RECOMMENDATION:
The Court was told that the hospital is not and cannot be, financially viable unless it reduces its cost base and increases the value and volume of the business it transacts. To this end management has undertaken a cost reduction program that requires savings on payroll for all categories of staff. The issues in dispute are part of that cost reduction program.
The parties referred four specific issues in dispute were referred to the Court for recommendation. The Court has considered the extensive written and additional oral submissions of both parties and makes the following recommendations. In doing so the Court notes that the pay and conditions of employment, including hours of work, in the hospital generally follow developments in the public service. Accordingly the Court takes the view that the standardisation process in place in the public service should apply in this hospital also if this relationship is to be maintained.
Theatre On-Call Rate
The Court recommends that the theatre on-call rates be brought in line with the revised standard rates approved by the Department of Health and Children. The Court further recommends that the nurses affected be compensated for the loss they incur by way of the standard public service buy out of 1.5 times the annual actual loss they each incur as a result of this change.
Annual Leave
The Court recommends that the proposed standardisation of the annual leave of the staff affected proceed as proposed by management. The Court recommends that the buy-out arrangements that applied in the public service on the standardisation of annual leave be applied in this case also.
Annual Leave Premium
The Court recommends concession of the Union’s claim to have this payment restored. The parties should enter into discussions to agree an appropriate phasing arrangement for the payments of arrears due to the staff affected.
Rotation of permanent night staff to days for training and development purposes
The Court recommends that the nurses affected co-operate with the proposed rotation. The Court further recommends that they retain the night duty rate in line with standard practice in the sector.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
17th September 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.