Labour Court Database __________________________________________________________________________________ File Number: CD92424 Case Number: LCR13832 Section / Act: S20(1) Parties: SOUTHERN HEALTH BOARD - and - AMBULANCE PERSONNEL |
A dispute concerning (1) loss of earnings, (2) an increase of shifts, (3) extra weekend and (4) extra bank holiday overtime for 14 ambulance personnel, arising from the introduction of the 39 hour week.
Recommendation:
5. Having considered at length the submissions of the parties and
the oral evidence presented at the hearing, the Court recognises
that the new ambulance rosters were in the nature of a package
which incorporated the introduction of the 39 hour week, an
improved service and additional employment of ambulance drivers.
Although a spin-off of the package was an increase in the number
of week-ends to be worked by ambulance drivers and paid for at
premium rates, the Court does not consider that, in the overall
context, the claimants have established adequate grounds for the
payment of compensation for the change. Accordingly the Court
does not recommend concession of the claim.
Division: Mr Heffernan Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92424 RECOMMENDATION NO. LCR13832
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: SOUTHERN HEALTH BOARD
and
AMBULANCE PERSONNEL
SUBJECT:
1. A dispute concerning (1) loss of earnings, (2) an increase of
shifts, (3) extra weekend and (4) extra bank holiday overtime for
14 ambulance personnel, arising from the introduction of the 39
hour week.
BACKGROUND:
2. 1. The 39 hour week was agreed between the Board and the
Union representing ambulance drivers in July, 1991. A Labour
Court investigation took place on 25th March, 1992 on a
dispute between the Board and 14 ambulance drivers concerning
the implementation of the new roster arising out of the
39 hour week. The following Labour Court Recommendation No.
13692 issued on 14th April, 1992:-
*"RECOMMENDATION:
Having regard to the submissions made by the parties and
particularly in view of the fact that additional
personnel are being recruited the Court does not
recommend any amendment to the rosters as introduced by
the Board".
2. The workers concerned sought a Labour Court investigation
under Section 20(1) of the Industrial Relations Act, 1969. A
Labour Court investigation took place in Cork on 16th October,
1992.
WORKERS' ARGUMENTS:
3. 1. The introduction of the 39 hour week has changed the
roster from 10 weeks to 11 weeks. Prior to its introduction
there was 20 permanent rostered workers and 5 full-time relief
workers. At present there is 22 permanent workers, 2 relief
workers and 2 workers training. The workers regard it as
likely that one of the workers training will not be assigned
to Cork city. The new roster means the workers are forced to
work 5 additional weekends and additional public holidays.
The workers have not been compensated for the extra
anti-social hours forced on them.
2. The new roster requires an increase of 80 hours in weekend
working. This figure can rise to 143 hours when public
holiday liability is included. The new roster leaves the
workers worse off than shift workers in industry or the health
service (details supplied).
3. The workers claim that the 39 hour week could have been
introduced to the existing roster. The roster was changed to
accommodate the cover required on weekends and public
holidays. The workers should be compensated for the
additional anti-social hours imposed on them.
BOARD'S ARGUMENTS:
4. 1. The new roster has introduced only 2 changes from the
previous roster (details supplied). There is no major change
in the working arrangements for individual workers. The
workers are compensated for the minimal changes by the
nationally agreed weekend and public holiday payments. In
Labour Court Recommendation 13692, the Court in giving its
recommendation would have taken into account the arguments
which are now being made again by the workers.
2. In introducing the new roster, the Board was able to
increase the permanent rostered workforce by 2. There are now
22 permanent workers, 2 relief workers and 2 in training. The
Board is presently in the process of recruiting a further
relief worker. The cost of introducing the 39 hour week was
#21,000. In its present financial situation, the Board cannot
afford to pay any extra costs.
RECOMMENDATION:
5. Having considered at length the submissions of the parties and
the oral evidence presented at the hearing, the Court recognises
that the new ambulance rosters were in the nature of a package
which incorporated the introduction of the 39 hour week, an
improved service and additional employment of ambulance drivers.
Although a spin-off of the package was an increase in the number
of week-ends to be worked by ambulance drivers and paid for at
premium rates, the Court does not consider that, in the overall
context, the claimants have established adequate grounds for the
payment of compensation for the change. Accordingly the Court
does not recommend concession of the claim.
~
Signed on behalf of the Labour Court
Kevin Heffernan
_______________________
4th November, 1992. Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.