Labour Court Database __________________________________________________________________________________ File Number: CD93612 Case Number: LCR14271 Section / Act: S26(5) Parties: EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Resumption of Court Hearing CD93/540 concerning the implementation of a revised salary scale for Ambulance Crews.
Recommendation:
The Court has considered the issue of implementation of the pay
award to ambulance drivers and attendants which has been brought
before it and has considered the submissions, both written and
oral, which were made to it, both in the open sessions and the
many separate discussions held with the parties.
The Court has been made aware of the strong sense of grievance
felt by the ambulance drivers and attendants which has come from
their perception of unfair treatment, while at the same time the
Court is conscious of the strict limitations imposed by the
national agreement, i.e. P.E.S.P., to which both parties are
committed and by which they are both bound.
The Court, thus, makes the following Recommendations and strongly
recommends their acceptance by both parties as a basis for a
resolution of the issue in dispute. The Court is pleased to note
that, in response to its request, the Union have agreed to
withdraw the proposed extension of the dispute.
Accordingly:
1. Normal working will be resumed immediately following
acceptance of these recommendations.
2. The Court has noted that, in this particular case, measures
which take full account of the need for flexibility and
change have been agreed for some time, but for the reasons
outlined to the Court in the course of its hearings it was
not found possible to reach agreement on how payment within
the context of Clause 3 of the P.E.S.P. could be implemented.
Further, in the course of the hearings at the Court, the
parties have agreed that an all-embracing no-strike clause be
adopted for a period of three years from the date of
acceptance of this recommendation.
The Court, given the above, recommends
2.1 that the 3% (Clause 3 Annex 1 of Appendix A of
P.E.S.P.) be implemented with effect from 1st November,
1993, and that the productivity measures detailed to
the Court by the parties be put in place immediately on
acceptance,
2.2 that over a period of four weeks the parties complete
arrangements necessary for the implementation of the
remaining productivity measures and agree a date for
the payment of the balance of the award ;
In the event that the parties are unable to agree that
date the issue should be referred back to the Court who
will make a determination on the date which will be
accepted by both parties,
2.3 that the sum of #1000 be paid to each of the claimants
involved,
2.4 that the parties commit themselves to the full
utilisation of the Industrial Relations procedures and
agree on an all-embracing basis that there will be no
industrial action taken by either party for a period of
three years from the date of acceptance of these
recommendations,
2.5 noting that the minibus drivers currently employed
(names supplied to the Court) have had an ongoing
liability to, and have been predominantly engaged on,
ambulance driving duties, these drivers are to be
included in the implementation of the award on a
personal-to-holder basis ;
The Court, however, urges the parties immediately to
agree new and appropriate rates of pay for minibus
drivers to be applied to any future recruits to this
grade.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93612 RECOMMENDATION NO. LCR14271
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(5), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: EASTERN HEALTH BOARD
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Resumption of Court Hearing CD93/540 concerning the
implementation of a revised salary scale for Ambulance Crews.
BACKGROUND:
2. The Court investigated the dispute on the 30th October, 1993
and the 31st October, 1993.
RECOMMENDATION:
The Court has considered the issue of implementation of the pay
award to ambulance drivers and attendants which has been brought
before it and has considered the submissions, both written and
oral, which were made to it, both in the open sessions and the
many separate discussions held with the parties.
The Court has been made aware of the strong sense of grievance
felt by the ambulance drivers and attendants which has come from
their perception of unfair treatment, while at the same time the
Court is conscious of the strict limitations imposed by the
national agreement, i.e. P.E.S.P., to which both parties are
committed and by which they are both bound.
The Court, thus, makes the following Recommendations and strongly
recommends their acceptance by both parties as a basis for a
resolution of the issue in dispute. The Court is pleased to note
that, in response to its request, the Union have agreed to
withdraw the proposed extension of the dispute.
Accordingly:
1. Normal working will be resumed immediately following
acceptance of these recommendations.
2. The Court has noted that, in this particular case, measures
which take full account of the need for flexibility and
change have been agreed for some time, but for the reasons
outlined to the Court in the course of its hearings it was
not found possible to reach agreement on how payment within
the context of Clause 3 of the P.E.S.P. could be implemented.
Further, in the course of the hearings at the Court, the
parties have agreed that an all-embracing no-strike clause be
adopted for a period of three years from the date of
acceptance of this recommendation.
The Court, given the above, recommends
2.1 that the 3% (Clause 3 Annex 1 of Appendix A of
P.E.S.P.) be implemented with effect from 1st November,
1993, and that the productivity measures detailed to
the Court by the parties be put in place immediately on
acceptance,
2.2 that over a period of four weeks the parties complete
arrangements necessary for the implementation of the
remaining productivity measures and agree a date for
the payment of the balance of the award ;
In the event that the parties are unable to agree that
date the issue should be referred back to the Court who
will make a determination on the date which will be
accepted by both parties,
2.3 that the sum of #1000 be paid to each of the claimants
involved,
2.4 that the parties commit themselves to the full
utilisation of the Industrial Relations procedures and
agree on an all-embracing basis that there will be no
industrial action taken by either party for a period of
three years from the date of acceptance of these
recommendations,
2.5 noting that the minibus drivers currently employed
(names supplied to the Court) have had an ongoing
liability to, and have been predominantly engaged on,
ambulance driving duties, these drivers are to be
included in the implementation of the award on a
personal-to-holder basis ;
The Court, however, urges the parties immediately to
agree new and appropriate rates of pay for minibus
drivers to be applied to any future recruits to this
grade.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
1st November, 1993. Deputy Chairman.
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.