FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EASTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Assignment of staff to new ambulance base in Wicklow.
BACKGROUND:
2. The dispute concerns the requirement on the part of the Eastern Health Board (the Board) for 4 ambulance personnel to re-locate from Wicklow to Arklow on a permanent basis. To date, the Arklow base has been serviced out of Wicklow. In January, 1997, the Board completed a new £300,000 ambulance base in Arklow. This was to replace a portacabin that staff had been using and continue to use. At present, the ambulance service for Arklow/South Wicklow is provided by a single ambulance from the Wicklow base, 4 days per week Tuesday to Friday, covering the hours 10.00 a.m. to 6.00 p.m. Outside of these hours an ambulance needed in Arklow has to be activated from the Wicklow base 16 miles away.
The Board is seeking the permanent transfer of 4 staff (2 drivers and 2 attendants) to the new building in Arklow. The Board claims that the opening of the new base will create additional posts. To date, the 19 workers involved in the dispute have refused to co-operate with the Board's proposals. The main reasons are additional travelling expenses, financial losses, new rostering arrangements and the abolition of the 39 hour week.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 6th June, 1997. As the parties did not reach agreement the dispute was referred to the Labour Court on the 19th June, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th September, 1997.
UNION'S ARGUMENTS:
3. 1. The Board spent £300,000 on the new building but gave very little thought to the implications for the workers involved. The workers are prepared to operate from the new building provided the existing operational structure remains in place.
2. The 4 workers transferring permanently would not receive any compensation for the move. They would have the expense of travelling 33.5 miles per day resulting in at least 2 hours travelling time each shift. Not all the workers would necessarily have their own means of transport, which would mean relying on a very irregular public transport between Wicklow and Arklow.
3. There would be considerable financial losses for the workers remaining in Wicklow as a result of losing overtime and subsistence generated by Arklow calls. The 4 workers who move to Arklow will also sustain financial losses (details supplied to the Court).
4. The new rostering arrangements will mean increased night-shift working, increased unsociable hours i.e. weekends and the abolition of the 39 hour week. As management has said that new staff will be recruited to work in the new building, it is reasonable that the existing working arrangements should remain in place.
BOARD'S ARGUMENTS:
4. 1. The crew presently assigned to the Arklow base operate from a dilapidated prefabricated structure. It is an embarrassment to the Board that local people see a new £300,000 building standing unused while staff continue to use the old building. The purpose of building the new ambulance base is to improve all services, particularly pre-hospital ambulance care in the Arklow/South Wicklow region.
2. Of the 4 workers needed for the new base, 1 staff member was employed on the understanding that he would be re-assigned to the Arklow base. Another member lives in Arklow and views re-assignment as an opportunity and not a sanction. The Board is only seeking 2 volunteers to complete the number needed.
3. The Board has repeatedly requested the ambulance personnel to operate the current shifts from the new building but they have refused. The Board does not foresee a loss of earnings arising from a move to the new base. A review of the situation could take place in 6 months' time. If it is shown that workers have sustained a loss then compensation could be paid. The workers' refusal to move has also meant that the Board is unable to employ additional staff.
RECOMMENDATION:
Having considered the submissions from the parties, and taking into account the fact that the new building has been completed since 1st January, 1997, the Court recommends that the employees agree to move to the new base as a matter of urgency.
New working arrangements should be introduced within a period of 6 weeks from the date of the move. When the new arrangements have been worked for 6 months, the parties should meet to examine their impact on earnings and any social disruption incurred. In the event of losses being established, the recognised formula for calculating compensation for losses should be applied.
Failure to agree at that stage may be referred back directly to the Court for final recommendation.
Signed on behalf of the Labour Court
Evelyn Owens
22nd September, 1997______________________
C.O'N./S.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.