FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - MID WESTERN AREA - ENNIS GENERAL HOSPITAL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Claim for improved time off arrangements after on-call.
BACKGROUND:
2. The Mid-Western Regional Hospital in Ennis employs eight permanent radiographers. Five radiographers work reduced hours, one is the Radiography Services Manager, one is a Clinical Specialist Ultrasound and there is one radiographer working full-time and doing on-call.
The dispute before the Court concerns a claim for improved time off arrangements after on-call. The issue has been the subject of numerous local negotiations but no agreement has been reached.
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 15th November, 2005 , in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th June, 2006, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1.The proposals put forward by Management are unacceptable. It is custom and practice to work 32.5 hours/week and not the contracted hours of 35 hours / week.
2. The Union maintain that it is unreasonable and an unacceptable burden on staff to try to maintain full roster cover with a minimal number of staff.
3. The Union believe it is essential that at least an additional two full-time radiographers be engaged to facilitate the creation of an improved roster and to cope with the increased workload.
MANAGEMENT'S ARGUMENTS:
4. 1.Radiographers who are on call at Ennis Hospital receive time off following on call in line with nationally laid down norms. The previous local practice means they enjoy enhancements to these norms.
2. Management have actively improved the on call commitment from 1:5 in 2002 to a current commitment of 1:8.
3. Management have put forward a number of options to SIPTU, all of which were rejected.
RECOMMENDATION:
The Court notes that there is in place a national agreement in respect of time off arrangements (after on call) for radiographers, providing a clear exposition for both Union and Management.
The national agreement should be implemented and rosters agreed between the parties in order that the intentions afforded by the agreement on reasonable time off are provided. Therefore, inter alia, for call out between 02.00 and 07.00 - the Radiographer need not report for work until the normal starting time in the afternoon on that day. Where a Radiographer has worked continuously from midnight to 06.00 am he/she is entitled to the complete day off.
These new arrangements should be in place by 1st October 2006.
Signed on behalf of the Labour Court
Raymond McGee
28th August, 2006______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.