FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST LUKE'S HOSPITAL (REPRESENTED BY HSEA) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. (1) Change in out of hours payment system, (2) Implementation of working party report.
BACKGROUND:
2. St. Luke's has refused to implement the Joint Working Party Report on Radiography in the hospital until the payment made to radiographers for working outside the standard working day is changed in regard to:-
(i) Automatic upgrading of Basic Grade Radiographers to Senior Radiographers after 3 years.
(ii) The establishment of posts of Clinical Specialist Radiographers.
Agreement was reached in June, 2000 to engage in detailed discussions on these matters from which proposals emanated in October, 2000 (put on an appendix). The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 16th January, 2001. As no agreement was reached, the dispute was referred to the Labour Court on the 14th March, 2001, in accordance with Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing was held on the 27th April, 2001.
UNION'S ARGUMENTS:
3. 1. The radiographers in St. Luke's feel aggrieved by management's attitude. They have been denied career improvements recommended by the Joint Working Party.
2. The service in St. Luke's is being delivered by staff at a lower grade than what was agreed in the Joint Working Party Report.
3 The therapy department is currently understaffed and there is a shortage of Radiographers.
4. Additional earnings are not taken into account for pension purposes. The numbers of patients receiving treatment is not within the control of radiographers.
HOSPITAL'S ARGUMENTS:
4. 1. The Working Party Report on radiographers cannot be implemented in St. Luke's Hospital until changes in existing work organisation and practices have happened.
2. The Union are party to the introduction of a sessional arrangement in respect of work undertaken after 5 p.m. in other hospitals. They should accept them in St. Luke's.
3. The proposals developed for the overall resolution of the issues represent the extent to which management can go in seeking an acceptable solution.
4. The hospitals expenditure in respect of out of hours payments to radiographers is almost £1 million per annum. It is of concern to the hospital that the amount of expenditure has been subject of a report by the Comptroller and Auditor General.
RECOMMENDATION:
In the PCW agreement concluded between the HSEA and the Health Service Trade Unions in May 1997, specific provision was made for the implementation of the Working Party Report on Radiography. Against that background the Union's claim to have those aspects of the report relating to Therapeutic Radiography implemented is reasonable.
The Court considers it equally reasonable for the Hospital to seek a change in the current arrangements for delivering therapeutic radiography services outside normal hours. In that regard, the Court notes the Union's acceptance of the need for change and that significant progress has been made in earlier discussions aimed at designing a more efficient framework for service delivery. Whilst the proposals put forward in October, 2000, were not accepted by the Union, the Court believes that they could provide the basis on which a final agreement might be developed.
The Court has considered the Union's contention that the issue of out-of-hours service delivery should be referred to the Service Review Group established by the 1997 Agreement. Given that the issues relating to service delivery in St. Luke's are unique to that hospital, the Court does not consider that the national service review would provide the most appropriate forum at which to resolve those issues.
Instead, the Court recommends that a Working Party be established, representative of the parties to this dispute, and facilitated by an independent chairperson to be appointed by the parties or, in the absence of agreement, to be nominated by the Court. This Working Party should examine the outstanding issues in dispute and seek to bring about final agreement on a revised system of service delivery, which meets the needs of the Hospital and its patients. This Working Party should conclude its work within a period of four weeks from the date of its establishment. If final agreement is not reached within that timeframe the Chairperson of the Working Group should report to the Court, which will then issue a final recommendation on the outstanding issues.
The relevant sections of the Joint Working Party Report on Radiography should then be implemented when final agreement is reached on the service delivery issues.
Signed on behalf of the Labour Court
Kevin Duffy
14th May, 2001______________________
MO'CDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Marian O'Connell, Court Secretary.