FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - WATERFORD REGIONAL HOSPITAL - AND - UNITE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Payment of twilight hours premium.
BACKGROUND:
2. The dispute concerns twenty two Catering Attendants employed by the HSE in Waterford Regional Hospital. Due to the outsourcing of the evening shift to Agency Workers the twilight hours payment ceased as of 28th April 2013.
The Union argue that under Section 8 of the Appendix: Service Delivery Options of the Public Service Agreement (PSA) the payment should continue to be paid to the Workers affected while Management's view is that it is unreasonable to expect payment for a shift that is no longer worked.
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 18th June 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 15th April, 2014.
UNION'S ARGUMENTS
3.1. The Workers have suffered a reduction in wages as a result of the outsourcing of the evening shift. It is clear that the PSA states that such procurement will not result in a worsening of pay rates.
2. The payment should continue to be paid on a personal-to-holder basis or failing this compensation calculated on the actual loss over twelve months
from 29th April 2013 as per PSA.
EMPLOYER'S ARGUMENTS
4. 1.The decision to outsource the evening shift was not taken lightly but there was no alternative given the reduction in Catering Staff levels. Twilight hours payment is a premium payment but basic pay has not changed. It is Management's position that the move does not worsen rates of pay.
2. It is Management's position that compensation based on the loss of earnings from 29th April until 1st July 2013, when Twilight Hours ceased as per the Haddington Road Agreement, should be paid as per the PSA mechanism.
RECOMMENDATION:
The issue before the Court concerned a claim by the Union on behalf of 22 workers employed as Catering Assistants by the HSE at the Hospital and concerns the removal of the Twilight Hours Premium from 29thApril 2013 as a result of outsourcing of the evening shift in the Catering Department. The loss was identified as €1,430 per annum per Claimant.
Having considered the submissions of both parties, the Court notes that the premium payment is no longer paid as the hours are no longer worked due to the reason outlined above. The Court is satisfied the issue falls to be dealt with under the compensation formula provided for under the terms of the Public Service Agreement 2010 – 2014. Therefore, in accordance with that formula, the Court recommends that 50% of the identified loss should be paid with effect from 29thApril 2014 and 50% six months later.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th May, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.