FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - EMPLOYERS AGENCY - AND - MEDICAL LABORATORY SCIENTISTS ASSOCIATION (MLSA) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Claim for removal of quota in respect of on-call payments in certain Small Laboratories.
BACKGROUND:
2. Medical Scientists provide a 24/7, 365 day diagnostic service to the Irish Health Service by providing an on-call service outside of the normal working day. The structure and remuneration for the provision of on-call is normally based on an agreement, the 1981 Agreement, reached between the MLSA and the HSE in 1981.
Included in this agreement was the small hospitals quota agreement which in Clause 2 states:-"For up to 60 calls per hospital, payment will be made at the existing A rate
(€22.18) per call and for over 60 calls per week payment to be made at (€14.97)."
This provision was introduced at a time when small laboratories would rarely, if ever, have exceeded 60 calls per week. Since then workloads have increased markedly and Medical Scientists working in Small Laboratories with small staffing levels have very onerous out-of-hours commitments.
In August 2006 the MLSA wrote to the HSE-EA seeking the removal of the quota payment system for Small Laboratories. Following discussions between the parties Management rejected the Unions claim.
The dispute could not be resolved at local level and 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 6th December, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd March, 2007.
UNION'S ARGUMENTS:
3. 1. The Union does not accept that the removal of quota should wait until any decision is taken by the HSE with regard to reform of pathology services. The report of the National Working Group on Small Laboratories is due to be published at the end of March, 2007.
2. The Union is seeking that the remaining 7 of the 12 Small Laboratories in the country that continue to apply the outdated quota payment system would be allowed to remove same and so ensure that all Medical Scientists who work in Small Laboratories are treated equitably and are not disadvantaged in comparison to their colleagues in medium and large hospitals.
MANAGEMENT'S ARGUMENTS:
4. 1. The Union's claim for the removal of the quota system is cost increasing and is thus precluded by the terms of Towards 2016.
2. The report commissioned by the HSE to determine the most appropriate structure and arrangements for the delivery of laboratory services in Ireland may have implications for the provision of out-of-hours laboratory services. The HSE Board has scheduled this report for consideration in April 2007.
RECOMMENDATION:
The Court is concerned at the continuing delay in resolving the matter at issue.
The Court notes the statement by the HSE that the issue of the report by the National Working Group is imminent. It is the view of the Court that discussions on the recommendations of this Group should begin immediately and be concluded no later than 30th June, 2007. In the interim, every effort should be made to recruit additional staff as needed in the small laboratories.
Should the issue which is the subject of this hearing not be resolved to the satisfaction of both parties by that date, the matter should be referred back to the Court for an early hearing and definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
19th April, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.