Labour Court Database __________________________________________________________________________________ File Number: CD89889 Case Number: LCR12778 Section / Act: S67 Parties: MID WESTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION |
Dispute concerning the staffing and rostering of ambulance drivers at Kilrush and Ennistymon Ambulance Stations.
Recommendation:
11. Having considered all the arguments made by the parties
concerned in this dispute the Court has come to the conclusion
that the Board's proposal to reduce the manning levels at
Ennistymon and Kilrush stations from 3 to 2 is not unreasonable in
the circumstances outlined. The Court noting the proposed
arrangements for redeployment recommends accordingly that the
Union agree to the Board's proposal. The Court also recommends,
that following acceptance of the Board's proposal the parties have
further negotiations on the details of revised duty and on-call
rosters which will be required.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD89889 RECOMMENDATION NO. LCR12778
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MID WESTERN HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL AND TECHNICAL UNION
SUBJECT:
1. Dispute concerning the staffing and rostering of ambulance
drivers at Kilrush and Ennistymon Ambulance Stations.
BACKGROUND:
2. The Mid Western Health Board has two district ambulance
stations at Kilrush and Ennistymon, Co. Clare. The stations are
covered 24 hours a day, seven days a week through a combination of
men on duty and on call.
3. Following negotiations at national level a Productivity
Agreement was reached which regularised the pay and conditions of
ambulance drivers nationally. Resulting from this agreement
negotiations took place locally as to how the national agreement
could be applied throughout the Mid Western Health Board area.
Resulting from these negotiations a complement of 3 ambulance
drivers were assigned to the stations in question. In addition to
ambulance driving duties they also had to operate a mini-bus
service which ferried patients from their areas to out-patients
clinics in Ennis, Limerick and Galway. Revised rosters were also
agreed to reflect these duties (details supplied to the Court).
4. In 1987 it was decided, because of budgetary constraints, to
withdraw the mini-bus service to the out-patients clinics except
in the most needy cases. The Health Board entered into
negotiations with the Union and revised rosters were agreed
(details supplied to the Court) which came into effect from 9th
March, 1988.
5. In April, 1989 the Board advised the Union that it was
re-introducing mini-bus services to cater for a Psychiatric Day
car centre in Kilrush and a Community Day Care Centre for the
elderly in Ennistymon. The Board proposed the introduction of
revised rosters:- the mini-bus service to operate between
8.00 a.m. and 5.00 p.m. The Union object to this roster on the
basis that the drivers normal finishing time, while on-days, was
4.00 p.m. and that from past experience drivers did not always get
lunch breaks when engaged on mini-bus duties. In addition
finishing time was late particularly for a person who was on-call.
The Board informed the Union that it was flexible on starting and
finishing times but it could not agree a roster that finished at
4.00 p.m. as to do so would mean overtime being paid and that it
would defeat the purpose of the service i.e. people would have to
be collected from the centre at 2.40 p.m. in order to ensure the
drivers knocked-off duty at 4.00 p.m.
6. At a meeting held in October, 1989 the Board informed the
Union that it had employed a part-time driver on a 20 hour week to
operate the mini-bus at Kilrush and it intended to employ another
part-timer from April, 1990 when the Day Centre at Ennistymon will
be opened. The Board also informed the Union that it intended to
reduce the manning levels from 3 to 2 at both Kilrush and
Ennistymon. The Board subsequently supplied the Union with
rosters for the revised 2 man stations. The Union rejected
Management's proposals and the issues were referred to the
conciliation service of the Labour Court on 4th October, 1989. A
conciliation conference was held on 15th November, 1989. As no
agreement was reached the parties consented to a referral to the
Labour Court for investigation and recommendation.
7. A Labour Court hearing was arranged for 30th January, 1990.
However, the hearing was postponed to allow for further talks at
local level, to take place on that date. At that meeting the
Board stated that it proposed to re-deploy the 2 drivers concerned
to Ennis and transfer the last 2 drivers in Ennis to Limerick.
The part-time driver would do 40 hours on-call duty created by the
cut-back of duty time of the permanent driver taken out of each
station. The Union rejected these proposals and sought the
retention of the mini-bus duties for the permanent staff on the
basis of an 8.00 a.m to 5.00 p.m. roster and a share-out of
on-call duty between the 3 men.
8. As no agreement was reached the matter was referred to the
Labour Court. A Court hearing was held on 22nd February, 1990.
UNION'S ARGUMENTS:
9. 1. The Union got involved initially in discussions with the
Board to discuss the Kilrush and Ennistymon Stations to the
background of re-integrating the mini-Bus into the system and
discussing a roster for same. The vast majority of the
discussion centred on this matter. Therefore, as far as the
Union is concerned the issue here to-day is that there is no
need or justification for the Board to reduce manning levels
at the Stations. Any attempt to do so will be opposed by the
Union and there is no common ground whatever which can be
found in that recent and late coming proposal of the Board.
The Union is not prepared to seriously consider any proposed
rosters etc. based on this premise and is asking the Court to
address the issue as originally negotiated between the parties
and which can find a compromise.
2. The ambulance drivers concerned have traditionally carried
out mini-bus duties. There is no justification for the Board
to introduce part-timers into the areas here concerned when
they have full-time competent employees capable of and
prepared to carry out the work. The Union sees the
introduction of part-time drivers as an attempt to casualise
the ambulance service as there would be inexperienced staff
covering ambulance duties instead of permanent ambulance
drivers.
3. The Board's proposals would seriously uproot at least 3
drivers and their families. The drivers concerned would have
to move long distances and in the case of one driver it would
involve a move from Ennis to Limerick, a completely different
environment, as he is obliged to live within the boundary
where he works.
4. The fact that the Board are prepared and need to cover the
40 hours concerned with on-call proves the need for the driver
concerned.
BOARD'S ARGUMENTS:
10. 1. The Board undertook an examination of the call-outs
undertaken by drivers at Kilrush and Ennistymon (details
supplied to the Court). The results of this examination
confirms that the present cover at these stations is
unwarranted. Due to the financial constraints placed on the
Board services must be provided as efficiently and cost
effectively as possible. For this reason the present
staffing structures in Kilrush and Ennistymon cannot be
justified.
10. 2. The main objection from the Union to proposed 2 man
roster is the excessive amount of on-call duty. On-call duty
is an established part of the working conditions of ambulance
drivers. It has always been accepted that the system of
on-call is an integral part of the ambulance service and it
is essential for maintaining the emergency element of that
service. In an effort to resolve the issue of the additional
on-call in the revised roster the Board proposes to share-out
some of this duty with the part-time driver.
3. The conditions of employment for all Mid Western Health
Board staff provide that "an employee under a Health Board
may be required to serve at the discretion of the Chief
Executive Officer at any of the Health Board's offices or
Hospitals and will be required to reside at the centre at
which he/she is serving or at a place within a reasonable
distance thereof". Consequently the drivers concerned have
an obligation to work at any location within the Mid Western
Health Board. The Board accepts that the drivers concerned
have first option of returning to Clare to the first suitable
vacancy that arises. In addition the Board has received
sanction from the Department of Health to apply the terms of
the circular regarding moving expenses in this case.
RECOMMENDATION:
11. Having considered all the arguments made by the parties
concerned in this dispute the Court has come to the conclusion
that the Board's proposal to reduce the manning levels at
Ennistymon and Kilrush stations from 3 to 2 is not unreasonable in
the circumstances outlined. The Court noting the proposed
arrangements for redeployment recommends accordingly that the
Union agree to the Board's proposal. The Court also recommends,
that following acceptance of the Board's proposal the parties have
further negotiations on the details of revised duty and on-call
rosters which will be required.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___11th___April,___1990. ___________________
M. D. / M. F. Deputy Chairman