Labour Court Database __________________________________________________________________________________ File Number: CD92287 Case Number: LCR13753 Section / Act: S26(1) Parties: EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Premia for leave/rest day working.
Recommendation:
5. The Court having considered all of the aspects of the case as
presented in the oral and written submissions of the parties takes
the view that the drivers concerned are covered by the National
Ambulance Agreement and should receive overtime payments in
accordances with the provisions of that agreement.
Accordingly the Court rejects the claim of the Union.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92287 RECOMMENDATION NO. LCR13753
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: EASTERN HEALTH BOARD
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Premia for leave/rest day working.
BACKGROUND:
2. The six workers concerned are employed by the Health Board as
ambulance drivers in the Naas area and are based at the Kildare
County Hospital, Naas. The drivers are paid overtime at the rate
of time plus one half for leave/rest day working. Ambulance
drivers in the Dublin area of the E.H.B. and drivers' attendants
throughout the E.H.B. region are paid at double the single rate
for this type of work. The Union submitted a claim for parity
with drivers in the Dublin area and drivers' attendants throughout
the E.H.B. region in respect of leave/rest day working. The Board
rejected the claim. Local level discussions failed to resolve the
issue and the matter was referred to the Labour Relations
Commission. A conciliation conference was held on 6th March, 1992
and as no agreement could be reached the matter was referred to
the Labour Court on 20th May, 1992. The Court hearing took place
on 30th June, 1992.
UNION'S ARGUMENTS:
3. 1. Ambulance attendants and untrained ambulance relief
personnel are paid overtime at double the single rate for
leave/rest day working.
2. Workers based in Dublin and Loughlinstown are paid
overtime at double the single rate for rest day working.
These workers include drivers, drivers' attendants, untrained
ambulance relief personnel, and ambulance workers employed on
control duties.
3. The Health Board's fear that concession of the claim would
lead to a flood of consequential claims is not justified.
4. The drivers concerned are in a special position. They
transfer patients to and from Dublin hospitals. During these
transfers they are subject to control from the St. James's
depot. They are officially recognised as an operational
back-up to the St. James's ambulance facility.
5. The drivers concerned are part of the Dublin area major
accident plan.
6. Considerable co-operation and flexibility has been
achieved by the Health Board in recent years. Two positions
have been removed from the agreed complement of drivers.
Since 1987 the use of relief drivers has been kept to a
minimum because of the willingness of the drivers concerned to
alter driving rosters. These savings have been recognised by
the Board.
7. The Board's attitude in maintaining the unfair
differential in respect of rest day working is based solely on
the grounds that nothing can be done in Naas that may or may
not have consequences elsewhere.
COMPANY'S ARGUMENTS:
4. 1. The payment of overtime at double the single rate for rest
day working to ambulance attendants in the Naas area was
introduced in error when the grade was first introduced
outside the Dublin area. The Union is now seeking to compound
the problem.
2. Clause 7B of the 1978 productivity/flexibility agreement
states that ambulance drivers shall co-operate "in the
utilisation by the Health Board of competent relief drivers to
cover annual leave, sick leave and other absences and a
reduction of on-call. Where available, a full time driver
will have the option of relief duty at flat rate".
3. It was the intention under the terms of the 1978 agreement
that relief duty could in the first instance be offered to
drivers at flat rate. If the Health Board could not obtain
the cover required from drivers at flat rate, the Health Board
then had the option of utilising relief drivers locally if
relief panels were established. Failing this, the Board could
then offer the relief work to the drivers employed by the
Board at standard overtime rates. These rates are set out in
paragraph 21(b) of the 1978 agreement as follows:
time plus one half - 8 a.m. - 12 midnight
Monday to Friday and to 1 p.m. on Saturday
double time - 12 midnight to 8 a.m. Monday to Saturday
and 1 p.m. Saturday to midnight Sunday.
4. The relief arrangements represent one of the main cost
saving provisions of the 1978 agreement. These savings were
to be effected through the reduction of overtime work by the
establishment of panels of relief drivers who would perform
leave/rest day working on the basis that payment would be paid
at flat rate.
5. The Board applies the standard overtime rates to ambulance
drivers in Naas, as the drivers indicated that they were not
prepared to do relief work at flat rate.
6. It is a source of dissatisfaction to the Board that
ambulance drivers have not co-operated fully in the
implementation of the provisions of the 1978 agreement in
respect of relief work.
7. The workers concerned are governed by the National
Ambulance Agreement of 1978. Ambulance drivers in the Dublin
area are governed by a separate agreement.
8. The payment of double the single rate for leave/rest day
working applied to ambulance staff in the Dublin area prior to
the formation of the E.H.B.
9. The Health Board is doing everything in its power to
protect employment levels. It considers that priority in the
application of its limited resources must be given to this
task.
10. Concession of this claim would lead to repercussive
claims from workers in the other Health Boards. These workers
are comprehended by the 1978 National Ambulance agreement.
RECOMMENDATION:
5. The Court having considered all of the aspects of the case as
presented in the oral and written submissions of the parties takes
the view that the drivers concerned are covered by the National
Ambulance Agreement and should receive overtime payments in
accordances with the provisions of that agreement.
Accordingly the Court rejects the claim of the Union.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
________________________
7th September, 1992. Deputy Chairman
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.