Labour Court Database __________________________________________________________________________________ File Number: CD88739 Case Number: LCR12186 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of ambulance drivers for compensation for increased unsocial working hours.
Recommendation:
5. In the light of the financially difficult conditions under
which the Board has to operate, and taking into account the fact
that the Board amended the length of the roster period to accord
with the drivers' wishes, the Court does not recommend concession
of the Union's claim.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD88739 RECOMMENDATION NO. LCR12186
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SOUTHERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of ambulance drivers for compensation for
increased unsocial working hours.
BACKGROUND:
2. Due to a reduction in its budget it was necessary for the
Board to make reductions in the ambulance service. This was
achieved by the non-filling of vacancies for ambulance drivers as
posts became vacant. Originally there were thirteen two-man crews
and the roster in operation covered a thirteen week cycle.
Initially two posts became vacant and the service was reduced to
twelve crews and the Board proposed the introduction of a twelve
week roster. However, no agreement was reached on this and the
thirteen week roster remained in operation. Subsequently the
service was reduced to ten two-man crews and in April, 1988
agreement was reached on the introduction of a twelve hour roster
based on a ten week period. The Union has claimed compensation of
#2,500 for each worker due to the increased unsocial working hours
in the new roster. This was rejected by the Board on the basis
that it was necessary to make reductions in the ambulance service
due to reductions in the Board's budget. On 12th May, 1988 the
matter was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 6th July, 1988 at
which no agreement was reached and on 30th September, 1988 the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 16th
November, 1988.
UNION'S ARGUMENTS:
3. 1. The Board has reduced the number of ambulance crews but
maintained the same level of ambulance cover to the public on
evenings and nights while reducing the cover by day. Due to
this each driver must work more unsocial hours than under the
old roster and there is a 33% increase in unsocial working
hours per annum (details supplied to the Court). The drivers
receive a fixed shift premium therefore, there is no
compensation through increased premium pay. An average of
time and one-sixth is paid for all shifts other than Sunday
working. Under the old roster this system averaged payments
taking into account night, evening and day shifts. However
under the new arrangements the workers lose out. In other
areas of the Health Board workers required to give additional
cover on nights or evenings receive the appropriate premium
payments and the drivers should not be treated differently.
2. The Board has saved in excess of #100,000 due to the changes
and this will continue. However, the drivers productivity has
increased without any compensation. In the past two years the
drivers have lost earnings in excess of #5,800 each per annum
due to changes and received no compensation for these losses.
In addition, the Board planned to save #90,000 in Cork City,
Cork County and Kerry in the ambulance service. The cuts
however did not take place in the other areas and the full
saving was made in Cork City through additional cuts.
Considering the 33% increase in the unsocial hours worked and
the increased productivity given by the workers, a once off
payment of #2,500 is fair and reasonable.
BOARD'S ARGUMENTS:
4. 1. The reduction from thirteen to ten crews was necessary
due to the short-fall in the Board's budget and the need to
reduce the ambulance service in line with other services.
However, in introducing the ten week roster the Board conceded
the Union's claim for the introduction of a twelve hour
roster, although it had misgivings about it. The twelve hour
roster is considerably more favourable for the ambulance
drivers as it provides longer periods off duty and weekend
rosters are more favourable. The Board regarded the
introduction of the ten week roster based on twelve hourly
periods as an overall package agreed with the Union. In
conceding the twelve hour roster the Board was meeting the
Union's claim in full. Compensation should not be paid for
any minor alterations from the previous roster resulting from
the agreement reached in April, 1988.
2. It is accepted that the revised roster involves a decrease in
the number of hours worked by day and a corresponding increase
in the number of hours worked by each driver after 5.00 p.m.
However, the number of additional hours worked on average
after 5.00 p.m. by any driver in any particular week of forty
hours is approximately 5.2 hours. The drivers are paid a
shift allowance of time and one-sixth each week and therefore
irrespective of the number of hours worked either before or
after 5.00 p.m. there is no loss of earnings involved. There
has been a reduction of 17% in the demands on the ambulance
service over the past twelve months and the question of
additional productivity does not arise. The changes which the
Board has made in the ambulance service and in other areas are
necessary for the Board to keep within its budget, there are
no savings. Further cost cutting measures will have to be
introduced for the remainder of the year to enable the Board
to remain within its budget. The Board has no funds to pay
the Union's claim for #2,500 for each of the drivers and the
claim should be rejected.
RECOMMENDATION:
5. In the light of the financially difficult conditions under
which the Board has to operate, and taking into account the fact
that the Board amended the length of the roster period to accord
with the drivers' wishes, the Court does not recommend concession
of the Union's claim.
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Signed on behalf of the Labour Court
John O'Connell
22nd December, 1988 ---------------
U.M./U.S. Deputy Chairman