Labour Court Database __________________________________________________________________________________ File Number: CD87740 Case Number: LCR11583 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - ITGWU |
The employment of general trained nurses on relief duty in the ambulance service in Cork City.
Recommendation:
8. The Court has considered the submissions by the parties and
subsequent correspondence and having regard to the matter at issue
is of the opinion that the Board is not in breach of the agreement
regarding crewing of ambulances and particularly in the light of
the severe financial straits under which it is now required to
operate recommends, that the present arrangements whereby general
trained nurses work on ambulances should continue.
Division: Mr O'Connell Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87740 RECOMMENDATION NO. LCR11583
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
PARTIES: SOUTHERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
(CORK NO. 8 BRANCH)
SUBJECT:
1. The employment of general trained nurses on relief duty in the
ambulance service in Cork City.
BACKGROUND:
2. In 1978 Cork Regional Hospital opened and the Board in
agreement with the Union introduced an ambulance service based at
the Hospital whereby two trained ambulance drivers would operate
each ambulance, a total of twenty-six regular drivers. In
addition, the Board also employed five full-time relief drivers to
cover for absences on annual and sick leave. The relief drivers
have the same conditions as other drivers except that they are not
on a regular roster. All posts require a class 'D' driving
licence.
3. At a meeting held in December, 1986 the Board informed the
Union that expenditure on overtime would have to be curtailed as
it was excessivity high and had been abolished in most other
areas. In 1986, the cost of overtime was #114,000 as the relief
drivers could not provide the level of cover required due to the
fact that two drivers were on long-term sick leave and two other
drivers had been on suspension. The Board informed the Union that
the relief drivers would be able to cover annual leave but that it
proposed employing general trained nurses in a temporary capacity
to cover sick leave absences. This was rejected by the Union.
Further local level meetings were held and on 20th February, 1987
it was agreed that the Board would try to recruit trained relief
drivers with a class D licence and in the meantime, the ambulance
drivers would work overtime at the rate which would be applicable
to general trained nurses, i.e. T + 1/5, rather than double time.
(T+1/6 of the nurses basic rate is approximately equivalent to
T+1/5 of the ambulance rate). Subsequently, the Board's proposal
to recruit relief drivers was not implemented due to the
Government's recruitment embargo. The Union requested the payment
of overtime at the higher rate, i.e. 2 T. and all workers withdrew
from working overtime at T + 1/5 on 23rd July, 1987. On 4th
August, 1987, the Board informed the Union as the Board was unable
to meet requirements using drivers at the nurses rate (i.e. T +
1/5) a panel of nurses would be set up to undertake relief
ambulance work.
4. In September, 1987 the Union proposed that the drivers would
again cover relief work (overtime) at the nurses rate. This was
rejected by the Board on the basis that it would re-introduce
overtime for the drivers and a number of nurses had been offered
temporary employment.
5. On 22nd September, 1987 the matter was referred to the
conciliation service of the Labour Court. A conciliation
conference was held on 1st October, 1987 at which agreement could
not be reached and the matter was referred to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 6th October, 1987.
UNION'S ARGUMENTS:
6. 1. A comprehensive agreement was drawn up in 1978 (details
supplied to the Court). Section 6 of that agreement
guaranteed two drivers per car which was regarded then and
now as the appropriate manning level for an ambulance service
in an urban area. The wording of this section of the
agreement is clear and by employing nurses who do not have
the appropriate driving qualifications the Board is breaking
that agreement.
2. The Board have disregarded the terms of the 1978
productivity agreement (details supplied to the Court). The
agreement is still being operated by both sides locally
except in relation to this issue. (At a meeting held on
14/10/87 between the Union and the L.G.S.N.B. the Employer's
side stated that the Health Boards were committed to the 1978
National Ambulance Drivers Agreement and would continue to
operate within its framework). The Union is prepared to
accept the position outlined by the Board on 4th August,
1987, i.e. that relief nurses will only be employed when it
is not possible to meet staffing requirements using drivers
at T + 1/5.
3. It is not acceptable that a grade other than ambulance
personnel is employed in the ambulance service, particularly
when such workers would not be capable of performing one of
the key functions of the job, i.e. driving. A second person
on an ambulance who cannot drive increases the pressure on
the driver. In addition, ambulance personnel require a
complete knowledge and ability to handle roadside accidents,
lifting, dealing with difficult patients, etc. The nurses do
not have these skills.
4. Originally, the Board stated that the reason for the
changes were financial. However, it is now costing the Board
more to employ nurses than ambulance personnel. Two
vacancies have recently occurred in the ambulance service
which have not been filled and therefore has increased the
need for reliefs. In other areas of the Board's operation,
drivers continue to provide relief cover as required.
Ambulances must be manned by personnel trained in all aspects
of ambulance procedure.
BOARD'S ARGUMENTS:
7. 1. It is essential for the Board to eliminate overtime in
all areas including the ambulance service in view of the
Board's financial position and the present unemployment
situation.
2. The Board is not breaching the agreement, whereby two
trained drivers operate each ambulance. If any vacancy
occurs which the Board is in a position to fill the post will
be filled by a person with a D driving licence who will then
be trained in accordance with procedures. Annual leave
absences can be covered by trained relief drivers the nurses
are employed only to cover sick leave absences, these periods
form a very small part of total ambulance service hours. The
employment of general trained nurses is in line with
practices elsewhere and could not be seen as a major
departure from the agreement made in 1978.
3. The Union have claimed that the employment of nurses
requires excessive hours of driving for the trained drivers.
However journeys in the city area are short and the Union on
behalf of the drivers is seeking the introduction of a 12
hour roster (the existing one is 8). This would therefore
require much longer periods of driving. The Union has
claimed that difficulties arise in the lifting of patients
and in dealing with truculent patients. These claims are not
relevant and do not justify discontinuing the employment of
nurses in the ambulances.
4. It is not more expensive to employ nurses than to employ
drivers on overtime (details supplied to the Court). The
Board should not now be forced to discontinue an arrangement
which came into operation only after long negotiations and
when the Union had itself withdrawn from the arrangement that
it is now seeking to re-introduce. The Board should also not
be forced to re-introduce overtime in one section when it is
being abolished everywhere. The re-introduction of the
overtime would also mean the disemployment of a number of
general trained nurses.
RECOMMENDATION:
8. The Court has considered the submissions by the parties and
subsequent correspondence and having regard to the matter at issue
is of the opinion that the Board is not in breach of the agreement
regarding crewing of ambulances and particularly in the light of
the severe financial straits under which it is now required to
operate recommends, that the present arrangements whereby general
trained nurses work on ambulances should continue.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
Deputy Chairman
11th December, 1987.
U.M./J.C.