FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH WESTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Transition of ambulance nurses to EMTS.
BACKGROUND:
2. Since the establishment of the NWHB its ambulance service has been staffed by permanent full-time ambulance drivers and part-time on-call nurses. Following the recommendation of the Review Group on the Ambulance Service it was agreed that from April, 2000 the ambulance service should be staffed by fully trained EMTs (Emergency Medical Technicians) staff only. This service development was significant in the NWHB area as 16 nurses held permanent part-time status with the ambulance service. In relation to the 16 nurses concerned the Board put forward the following proposals:-
- Remain as a nurse in any of the Board's services;
- Assistance to acquire EMT qualification including the Class D licence and subsequent appointment to a full-time EMT position with the appropriate EMT rate;
- EMT posts to be held open to facilitate the transition of nurses.
The dispute concerns the Union's claim that nursing personnel employed in the ambulance service as EMTs by the NWHB hold a nurse's salary on a red-circled basis. Management rejects the claim. Management argues that it has taken a reasonable approach to the issue of transition. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was
not reached the dispute was referred to the Labour Court on the 22nd of August, 2000
under Section 26 (1) of the Industrial relations Act, 1990. A Labour Court hearing took
place on the 19th of December, 2000.
UNION'S ARGUMENTS:
3. 1. The nurses concerned have the same entitlements as their colleagues working in other areas of the Health Service and stand to lose a substantial amount of money
on their basic rate, and would also lose out on other entitlements.
2. The nurses accept that they will have to obtain a D licence and learn to drive an
ambulance. They also accept that they will lose their status as nurses as all future employees will be employed on the EMT rate of pay regardless of their
qualifications. The Union's claim is to accept the Ambulance Review Report and to
allow the conversion process to take place but in doing so to protect the earnings of the nurses on a red-circled to holder basis.
3. Many of the nurses have accepted the Board's offer to become EMTs under the terms outlined and at a loss to their hourly rate of pay. The Union is concerned that the nurses signed up to the agreement in fear that the Board would carry out its threat to fill the positions and exclude them from the service.
4. The Union is seeking the same arrangement as nurses employed on ambulances in the Southern Health Board who were allowed remain on ambulances as EMTs and hold a nurse's salary on a red-circled basis. In LCR15942 the Labour Court recommended that it is not unusual in similar situations for red-circle arrangements to be applied.
COMPANY'S ARGUMENTS:
4. 1. Management has taken a reasonable approach to the difficult issue of transition within the Ambulance Service and 8 nurses have converted to EMTs and are satisfied working on ambulances with EMTS' rates and conditions. It is not desirable to have a service employing 60 people, carrying out idential workloads, and having a small number of employees on different rates and conditions.
2. The claimants can retain nursing status, pay and conditions, by exercising the Board's option to transfer to any number of available recognised nursing posts.
3. The option of remaining in the Ambulance Service with EMT pay and conditions will not result in a loss of earnings. In virtually all cases earnings will be significantly increased.
4. The transition of the on-call nursing service to duty based EMT service has significant cost implications for the ambulance service. Concession of the Union's claim would put a further unnecessary strain on the ambulance pay budget and may give rise to further cost increasing claims.
RECOMMENDATION:
Having considered the submissions of the parties, the Court can see no good reason as to why the same red-circling arrangements as apply in the Southern Health Board, following LCR15942, should not be applied in the present case.
Accordingly, the Court recommends that the Union's claim be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
4th January, 2001______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.