Public Service Pay - Implementation of Haddington Road Agreement - News Update 42. 17.0713 Attn: All INMO Members Dear Colleague I refer to previous updates with regard to the implementation of the Haddington Road Agreement for nurses/midwives and all public service grades. All matters arising from the implementation of the agreement were considered, in detail, by the Organisation’s Executive Council at its meeting this week. As a result all members are asked to note the following: 1. Changes to Rosters - 39 Hour Week It is quite clear, arising from the feedback from workplaces all over the country, that in a number of locations managements, locally, are seeking to impose roster changes without proper consultation and agreement. Equally, it should be acknowledged, that, in other locations, a pragmatic approach is being taken where there is ongoing engagement which, hopefully, will lead, despite the difficult issues, to an agreed roster adjustment. However, in the context of any roster change involving this increase in working hours, the Executive Council wish to reiterate the following guidance to all members: all free working (in excess of rostered hours) must cease immediately; all goodwill arrangements, that may have been practiced locally, involving additional, unpaid, hours should also cease immediately; all new rosters, following the adjustment to factor in the increased hours, must include sufficient overlap/handover periods so as to eliminate the need to arrive early/leave late in order to ensure their colleagues have the required comprehensive report on patients; all roster adjustments must also explicitly provide for, and acknowledge, that all time owed, to members, must be recognised, and paid back, as part of the transition to the new, longer, working week; if deemed appropriate, by members locally, arrangements should be agreed which will measure all time actually worked, by nursing/midwifery staff, so as to ensure this is recognised, acknowledged and paid for by employers; and regardless of what aggressive stance may be taken, by management locally, the Haddington Road Agreement does not give, to employers, the right to impose a specific roster adjustment on members. There must be proper engagement and consultation, with a view to reaching agreement, and where this fails the agreement also provides for referral of the matter to procedure. Against this background there should be no immediate acceptance, of any proposals tabled by management, and any final agreement must overtly include, and acknowledge, all of the issues, specified above. 2. Fourth Year Roster Placement - Undergraduate Students The Executive Council, at its meeting this week, also considered internal management correspondence, seen by the Organisation, which confirmed that the HSE has given an instruction, to employers locally, to increase the working week, for fourth years on the rostered placement, even though they know this would mean an hourly rate less than the minimum wage. In view of this the Organisation has written to the Minister for Public Expenditure and Reform, Mr. Brendan Howlin TD, demanding that he immediately address this issue and ensure that all undergraduates students, doing the rostered placement, access their full legal entitlements. In addition the Organisation issued a press release, on this matter, which can be accessed on the INMO website (inmo.ie). In addition to these measures the INMO will now initiate legal action, on behalf of our fourth year undergraduate members, under the Minimum Wage legislation. It should be noted that each of these cases, must be individual, and we will only initiate them for INMO members. 3. Twilight Payment In recent days it has also been brought to the Organisation’s attention, as part of implementing this agreement, that the continued payment of the twilight rate (time plus one sixth) between 8.00 p.m. and 12.00 midnight, for members completing their day shifts, has become an issue in a number of locations. In this regard, and for the purposes of clarity, the employers, in the course of negotiations, only sought the withdrawal of this twilight payment between the hours of 6.00 p.m. and 8.00 p.m. This demand was in the context of the employers assertion that the normal working day, within the health arena, should be 8.00 a.m. to 8.00 p.m. Monday through Saturday. However, despite this, it has now become apparent, particularly is some intellectuality disability services, assessment units and a small number of other units, that employers may be withholding this time and one sixth twilight rate for staff completing their day rosters between 8.00 p.m. and 12.00 midnight. I now wish to confirm that the INMO will be raising this matter, immediately, through the necessary procedures, provided for in the agreement, to ensure that these payments, where they were previously made, will be restored and maintained into the future. Further updates will issue on this matter in due course. 4. Other Issues It has also been brought to our attention that, again in a small number of locations, local managements are demanding that members, individually, would complete certain forms linked to the agreement e.g. if an individual is on a max of scale whether they wish to give days or forego half of the value of their last increment. It must be reiterated to all members that such an aggressive, demanding, approach by local management is totally unacceptable. All members are entitled to take time to consider, and take advice if necessary, with regard to their obligations, under the agreement. This demand, for an immediate, urgent reply, is totally unnecessary and unwarranted. If any member is presented with such demands, by local management, we would advise them to indicate that they will consider the matter, consult with their union and revert back, to management, in due course. There is absolutely no need for members to respond immediately to these demands from management. 5. Senior Staff Nurse / Long Term Actors As advised previously the Organisation continues to demand, from health service management at national level, immediate action, leading to full implementation, of the elements of the Haddington Road Agreement, regarding the senior staff nurse and the regularisation of long term actors. In this regard we would remind all members, who believe they are eligible to benefit from these elements of the agreement, to identify themselves, to management locally, if they have not already done so. If members wish to seek further information, with regard to these two issues, they should contact their local Industrial Relations Officer, immediately, to ensure that, if eligible, they are included in the payment of all monies due arising from the implementation of these measures under the agreement. 6. Summary The Executive Council, in reviewing recent events, remains acutely aware that this agreement, particularly the question of rosters, remains very difficult and problematic for many members. That is why it is necessary to reiterate that, regardless of what is said by local management, there is an obligation to consult and engage, locally, and management do not have the right to impose their preferred option demanding immediate implementation. Now, more than ever, there is a need for members to remain in close contact, with the Organisation, through your local nurse/midwife representative and/or your Industrial Relations Officer, to ensure that the procedures, contained within the agreement, are fully upheld and management do not succeed in imposing change. As you will have seen the INMO is very active, in all workplaces at this time. Please do not hesitate to advise us of any issues of concern, to you, so that we ensure all of your rights and entitlements, even under this difficult agreement, are fully upheld, acknowledged and applied. Further updates will issue in due course and thank you for your attention to this lengthy note. Yours sincerely, LIAM DORAN General Secretary
Posted on: Thu, 18 Jul 2013 17:27:54 +0000
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