FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTHERN REGION - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Maintenance in Dialysis service
BACKGROUND:
2. The case before the Court concerns a dispute between the HSE Southern Region and the TEEU concerning maintenance in the Dialysis service at Cork University Hospital. The maintenance is currently provided by Electricians employed by the Technical Services Department on a shift basis with on-call arrangements also in place to provide a service 24 hours per day, 7 days per week. Management has proposed to transfer the service from the Technical Services Department to the Bio Medical Department for technical reasons and to allow for greater responsibility/accountability. The Union's claim is that a transfer to the Bio Medical Department, while acceptable in principle to the Union, would result in a reduction in earnings of the workers in question.
Management rejects the claim on the basis that Electricians transferring to the Bio Medical Department on a red-circled basis, would be on a much higher rate of pay than is paid to workers in that department.
The dispute could not be resolved a local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the matter was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court Hearing took place on 29th June 2005, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The workers in question are prepared to transfer from the Technical Services Department to the Bio-Medical Department, attend the relevant training and carry out the duties expected of them. They are not, however, prepared to do so at a substantial reduction in earnings.
COMPANY'S ARGUMENTS:
4. 1. The service is being transferred to the Bio Medical Department to allow for greater levels of responsibility/accountability. It is unsustainable to allow the electricians to transfer to a new department on better terms and conditions than currently exist in that department.
RECOMMENDATION:
The claim before the Court relates to management’s decision to transfer the maintenance of the Dialysis Service at the hospital from the Technical Services Department to the Biomedical Department for clinical reasons and to ensure that best practice prevails. It wished to introduce a new structure with dedicated responsibility for the provision of the frontline maintenance. Terms and conditions of employment of the new-dedicated service have not been devised yet. The Union seek to fill the two dedicated positions required by electricians who have previously supplied this service from the Technical Services Department, with no loss of earnings.
At the hearing, the Union indicated its acceptance - on condition that there would be no resulting loss of earnings - that the two positions would no longer report to the Technical Services Department but would in future report to the Biomedical Department.
Having considered the written and oral submissions of the parties, the Court recommends that two of the electricians from the Technical Services Department should be offered the two dedicated positions in the Biomedical Department, receive the necessary training on the new machines, and be integrated into the new accountability/reporting structure of that Department. Furthermore, the Court recommends that the two electricians should maintain their earnings on a redcircled basis and continue to work their current hours, stand by, call out etc. until such time as new terms and conditions are negotiated and agreed in the Biomedical Department.
If at that time a permanent loss of earnings is envisaged, then the two electricians should maintain their earnings on a personal to holder basis.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st_July 2005______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.