Labour Court Database __________________________________________________________________________________ File Number: CD92698 Case Number: LCR14108 Section / Act: S26(1) Parties: SOUTHERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning time off for week-end working.
Recommendation:
Having considered the submissions made by the parties the Court
does not consider that the claim made by the Radiographers is
warranted on the basis of the submission made by the Union.
Taking this factor into account and noting the severe financial
restraints under which the Board is operating the Court does not
recommend concession of the Unions' claim.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92698 RECOMMENDATION NO. LCR14108
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTHERN HEALTH BOARD
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning time off for week-end working.
BACKGROUND:
2. 1. In 1987 there was a nationwide strike of Radiographers
which lasted for about 6 weeks. On their return to work at
Cork Regional Hospital difficulties arose in relation to the
operation of time off arrangements for Radiographers
providing first on-call. The Union maintained that
Radiographers in the Hospital had enjoyed a half day off in
the following week if they were required to be on-call on
Friday or Saturday nights. The Company rejected this claim
as the official time off arrangements did not cover Friday
and Saturday night call-outs.
2. The dispute was referred to the Labour Relations
Commission on the 31st May, 1989. Conciliation conferences
took place on the 7th November, 1989 and the 28th April,
1992. Agreement could not be reached and the matter was
referred by the Labour Relations Commission to the Labour
Court on the 16th November, 1992. The Court investigated the
issue on the 3rd March, 1993 in Cork.
UNION'S ARGUMENTS:
3. 1. Time-off arrangements existed for Friday and Saturday
night on-call prior to the strike.
2. The attendance books confirm that these arrangements
existed.
3. Radiographers are entitled to reasonable rest periods.
COMPANY'S ARGUMENTS:
4. 1. The approved time off arrangements operating in the
hospital prior to the strike were more generous for the
Radiographers than those provided for in the agreement which
settled the strike.
2. The superior time off arrangements which apply are in
addition to the normal on-call standby fee, and fee per call
for emergency work on these nights.
3. There was no approval from hospital management for the
time off arrangements as outlined by the Union.
4. Concession of the claim would give rise to further
staffing difficulties and demands for locum cover.
RECOMMENDATION:
Having considered the submissions made by the parties the Court
does not consider that the claim made by the Radiographers is
warranted on the basis of the submission made by the Union.
Taking this factor into account and noting the severe financial
restraints under which the Board is operating the Court does not
recommend concession of the Unions' claim.
~
Signed on behalf of the Labour Court
John O'Connell
15th June, 1993 ____________________________________
P.O.C.\J.C.
Deputy Chairman.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.