FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MID WESTERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Retrospective payment of subsistence and travel allowances.
BACKGROUND:
2. In the early 1970's, the ambulance service was attached to a hospital in each of nine locations within the Mid Western Health Board area. In 1974, a separate management structure was introduced. A review group report in 1993, recommended that two trained ambulance personnel, emergency medical technicians (EMT's), should staff each ambulance. The Mid Western Health Board decided to introduce two person crewing on a phased basis. A pool of relief staff was built up to cover annual leave, sick leave and roster vacancies until such time as two person crewing could be fully introduced.
In June, 2001, the Union and the Mid Western Health Board Management reached an interim agreement in relation to a number of issues which included the payment of travel and subsistence to relief EMT's in certain circumstances.
The dispute before the Court concerns a claim by the Union regarding the non-application of national agreements and national and local custom and practice in the payment of subsistence and travel expenses to approximately 30 members of the EMT staff at the Mid Western Health Board.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 23rd of October,2003. As agreement was not reached, the dispute was referred to the Labour Court on the 10th of November, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd of March, 2004.
UNION'S ARGUMENTS:
3. 1. When agreement on the payment of subsistence and travel expenses was reached in June, 2001 the issue of retrospection was not dealt with.
2. The workers are considerably out of pocket due to the Board's failure to deal with retrospective payments.
BOARD'S ARGUMENTS:
4. 1. No other Health Board is paying subsistence and travel expenses to relief EMT's.
2. It is the practice within the Ambulance Service of the Mid Western Health Board that relief EMT's are not paid subsistence.
3. Subsistence payments were made to relief EMT's as appropriate during the period for which retrospection is being sought when they were away for 5 hours or more from the station.
RECOMMENDATION:
Having considered the submissions of the parties, the Court believes that the dispute should be resolved by applying the interim agreement of 7th June, 2001 retrospectively to 1st January, 1999.
Accordingly, the payments due to each employee affected should be calculated on the basis of the difference between what they received at the time and what they would have received had the agreement been concluded and applied on that date.
Signed on behalf of the Labour Court
Kevin Duffy
18th. March, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.