Labour Court Database __________________________________________________________________________________ File Number: CD91118 Case Number: LCR13259 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union concerning the following matters:- (a) meal break for ambulance controllers; (b) payment of rostered overtime for ambulance drivers; and (c) payment of 'on-call-duty' for ambulance controllers.
Recommendation:
12. Having considered the submissions from the parties the Court
recommends as follows in relation to the three claims:-
(1) Breaks for Meal Breaks:
The Court does not recommend concession of Unions claim
for extra cover but is of the view that the Board
should make greater efforts to provide cover from
existing staff.
(2) Payment of Double Time for Rostered Overtime:
The Court does not recommend concession of the claim.
(3) On-call duty - Ambulance Controllers:
The Court finds no grounds on which it could recommend
concession of this claim.
Signed on behalf of the Labour Court
Evelyn Owens
18th April, 1991 --------------
B O'N/U.S. Deputy Chairman
Division: Ms Owens Mr Collins Mr Rorke
Text of Document__________________________________________________________________
CD91118 RECOMMENDATION NO. LCR13259
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67 INDUSTRIAL RELATIONS ACT, 1946
PARTIES: SOUTHERN HEALTH BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union concerning the following matters:-
(a) meal break for ambulance controllers;
(b) payment of rostered overtime for ambulance drivers; and
(c) payment of 'on-call-duty' for ambulance controllers.
GENERAL BACKGROUND:
2. All the workers concerned in the claims are employed in the
Board's ambulance service based at Tralee General Hospital.
During 1990, the Union lodged the above claims on behalf of the
workers concerned. Local negotiations failed to resolve the
matters and on 24th July, 1990, the claims were referred to the
conciliation service of the Labour Court. Conciliation
conferences were held on 26th October, and 23rd November, 1990,
and 24th January, 1991, but no agreement could be achieved and the
matters were referred to the Labour Court, on 3rd February, 1991,
for investigation and recommendation. The Court investigated the
issues on 21st march, 1991, in Tralee.
Claim (a)
Background:
3. The Union is claiming a half-hour paid meal break for
ambulance controllers. There are four controllers involved in the
claim. The present roster, which is in operation since 1984, is
two 12 hour shifts (9.00 a.m. to 9.00 p.m. and 9.00 p.m. to
9.00 a.m.). The Union claims that due to an absence of relief
cover, the controllers are unable to take a break away from their
point of work during their shift.
UNION'S ARGUMENTS:
4. 1. The ambulance controllers are responsible for dealing
with emergency calls and work under continued stress. The
nature of their work requires that they provide an immediate
response to calls, as time is often critical in emergency
situations. Statistically, the number of calls received by
the controllers may be low by comparison to a city like Cork,
however, the frequency and nature of calls cannot be
pre-determined.
4. 2. At present, breaks for the controllers are left to
chance. There is no structured break away from the point of
work. The provision of breaks to provide for personal needs,
rest and relaxation is a normal feature of practically all
employments. The Board should provide such opportunities to
the ambulance controllers.
BOARD'S ARGUMENTS:
5. 1. Ambulance controllers are paid for the full period when
on duty and there are no official un-paid meal breaks.
Facilities to prepare and partake of a meal are available
adjacent to the control room. The facilities include a
fridge, grill and a kettle. There is also an alarm system
attached to the control room which can be activated when the
controller is taking a meal break.
2. The Ambulance Station at Tralee General Hospital has a
low activity level when compared to the activity at Cork
Regional Hospital. The controllers at Cork Regional Hospital
work a similar roster to their colleagues in Tralee and are
not allowed official meal breaks.
3. Night ambulance calls at Tralee General Hospital
averages less than 2 calls per night. In addition to the
controller there is also an ambulance crew (two drivers) on
duty at night. During the day there is the ambulance
supervisor, controller and two ambulance crews (4 drivers) on
duty. Under these circumstances the Board believes that
sufficient cover is available to allow for meal breaks.
4. The Board has suggested that the present 12 hour shift
roster be reduced to 8 hour shifts but this is not acceptable
to the Union. The Board has also agreed to provide hot meals
from the hospital canteen at very reasonable subsidised rates.
Claim (b)
Background:
6. The ambulance drivers shift roster has been in operation since
May, 1987. The roster provides for 3 hours built in overtime
which is paid at time plus a half. The Union is claiming that
this overtime should be paid at double time.
UNION'S ARGUMENTS:
7. 1. The drivers operate a 5 week roster. (Roster details
provided to the Court). Built into the roster is 3 hours
overtime. The Board claims that this overtime arises on a
Friday on shift "C" between 6.00 p.m. and 9.00 p.m. This was
never agreed with the Union, nor does the roster show these 3
hours in any of the 5 weeks. The Union submits that on shift
"C" you have the ridiculous situation where the last 3 hours
of duty are paid at time plus one half, immediately followed
by on-call-duty for a payment of 1/6th the hourly rate.
7. 2. The Union contends that the drivers' week commences on a
Sunday, therefore in calculating total hours in accordance
with the roster, the 3 hours could be said to fall due on a
weekend. This would incur the payment of double time.
3. Payment of double time for rostered overtime is common
throughout industry. This payment is made to ambulance
controllers employed in the same hospital since 1984. The
Union's claim does not establish any precedent. There can be
no logical reason why ambulance drivers should be treated less
favourably by the same employer.
BOARD'S ARGUMENTS:
8. 1. The built-in overtime in the ambulance drivers roster
occurs in shift "C" and is from 6.00 p.m. to 9.00 p.m. on
Friday evenings. In accordance with the terms of the National
Ambulance Drivers' Agreement, this overtime attracts a premium
of time and a half. The Board is satisfied that this is the
correct rate.
2. The overtime is built into the roster. It is planned
and the drivers are aware of the position well in advance. A
driver on-call during the same period on Friday evenings,
qualifies for payment at time plus a half when called out and
the Board considers that planned built-in overtime is less
disruptive than overtime as a result of call-out from home and
should not therefore be paid at a higher premium.
3. At Cork Regional Hospital there is also an element of
built-in rostered overtime for drivers and controllers. This
overtime is paid at time plus a half. The same situation
applies in other Health Boards in relation to built-in
rostered overtime.
4. The Board considers that the main reason for this claim
is the fact that the controllers at Tralee General Hospital
are paid at double time for built-in overtime. This rate is
obviously an error, but as it has been the situation for some
time, the Board is prepared to allow the existing controllers
retain the rate on a personal basis. However, it would be
wrong to compound what is obviously an error by allowing a
similar rate to the drivers.
Claim (c)
Background:
9. All ambulance drivers employed by the Board in County Kerry,
in district hospitals and in Tralee General Hospital cover
"on-call duty". The amount of "on-call duty" varies between the
hospitals. The Union contends that three ambulance controllers
are denied the opportunity of providing this "on-call duty". The
fourth controller is paid an on-call allowance on a personal basis
as a result of a Rights Commissioner's recommendation a number of
years ago. The Board has rejected the Union's claim.
UNION'S ARGUMENTS:
10. 1. The average "on-call duty" at Tralee General Hospital is
approximately seventeen hours per week for the ambulance
drivers, for which they receive 1/6th of the hourly rate per
hour of "on-call duty". The amount of "on-call duty" in
district hospitals is approximately forty hours per week.
These drivers do not have an entitlement to a shift allowance,
whereas, their Tralee based colleagues have a shift allowance
of time plus 1/6th.
2. The Union believes that preventing three workers in the
entire ambulance service in County Kerry from covering
"on-call duty" is unfair and should be corrected. The Board
should provide additional "on-call duty" to allow these three
workers, in common with their colleagues, participate in
providing "on-call duty".
BOARD'S ARGUMENTS:
11. The ambulance controllers operate a twelve hour shift roster
and when they finish duty they have no further commitment or
contract with the ambulance service. The job of ambulance
controller does not involve or require "on-call duty". This is
the position with all controllers throughout the country. A
liability to provide "on-call duty", if required, is included in
the job description in order to provide cover in extreme
emergencies. The Board can see no reason why an on-call allowance
should be paid to staff who are not on-call and not required to be
on-call.
RECOMMENDATION:
12. Having considered the submissions from the parties the Court
recommends as follows in relation to the three claims:-
(1) Breaks for Meal Breaks:
The Court does not recommend concession of Unions claim
for extra cover but is of the view that the Board
should make greater efforts to provide cover from
existing staff.
(2) Payment of Double Time for Rostered Overtime:
The Court does not recommend concession of the claim.
(3) On-call duty - Ambulance Controllers:
The Court finds no grounds on which it could recommend
concession of this claim.
Signed on behalf of the Labour Court
Evelyn Owens
18th April, 1991 --------------
B O'N/U.S. Deputy Chairman