FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CAMPWEST REGIONAL CONTROL CENTRE (REPRESENTED BY WESTERN HEALTH BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Promotional posts, compensation payment, additional annual leave.
BACKGROUND:
2. The dispute concerns approximately 125 ambulance personnel employed by the Western Health Board. Camp (Computer Aided Mobile Project) West is a proposal to centralise the Fire Service, currently administered by various local authorities and the Ambulance Service currently administered by the Western Health Board. The initiative involves a combined emergency call centre to deal with fire and ambulance calls in the Western Region. Local discussions on the project which commenced in 1999 were not successful. The dispute was referred to the Labour Relations Commission in 2000 and a number of conciliation conferences were held between 2000 and 2004 but agreement was not reached on three issues as follows:
Promotional positions
Compensation
Annual Leave
The dispute was referred to the Labour Court on the 28th April, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held in Galway on the 3rd November, 2004.
UNION'S ARGUMENTS:
3. 1.Promotional Positions.The Camp West 'Governance Document' does not safeguard promotional opportunities for Emergency Medical Technicians (EMT's). It is merely a map. The Board did not implement for example the Hughes Report (which would also partly address similar concerns) due to a lack of funding, so the opportunities it presents are denied to workers anyway. There has been inadequate discussion on this issue and the Union cannot see what "meaningful jobs" will exist nor assess how they constitute promotional opportunities. The creation of Camp West is a serious blow to workers' aspirations.
2.Compensation.The compensation payment of €2,300 offered to full time fire officers is in recognition of "agreed productivity changes". The implications for the ambulance service in this regard are far greater nor are those workers in the fire service losing existing promotional opportunities. The Union's claim for €12,000 is fair in the circumstances.
3.Annual Leave. In relation to annual leave the claimants' entitlement is much less than that applying to the fire service. The Union is seeking an increase of two days in the entitlement.
BOARD'S ARGUMENTS:
4. 1Promotional Positions.Management posts in Camp West are open to all suitably qualified workers to apply. The Board has responded to concerns relating to the Management structure of Camp West through the 'Governance Document' and by the creation of an additional management post that does not require a professional qualification.
2.Compensation.The Board's offer to pay €2,300 on a once off basis as a gesture of goodwill to match a similar offer to local government personnel in the fire service.The total cost to the Board is €326,600.
3.Annual Leave.The granting of annual leave would have nations consequences and is a matter for national negotiations. It is also a cost increasing claim. The Board has made an offer of two days on a once off basis as a matter of goodwill to resolve the issue.
4. There is no loss of promotional opportunities in the ambulance service as a result of the new system. Promotional posts will be maintained and there were and are promotional opportunities open to every worker of the W.H.B Ambulance Service.
RECOMMENDATION:
Having considered at length the complex matters before it, the Court recommends as follows:
(i) Promotional Positions:
The position of Management is reasonable and in line with good practice and should be accepted by the Union.
(2) Compensation:
In the unique circumstances of this case, the payment should be increased to €4,000 and this should be accepted by the Union.
(3) Annual Leave:
The Board's offer should be increased to 3 days on a once off basis and this should be accepted by the Union.
Signed on behalf of the Labour Court
Raymond McGee
8th June, 2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.