FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MEDICAL LABORATORY SCIENTISTS ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Overtime rate Mon-Fri; Buy in payment; Loss of earnings; Annual leave; Second tea break; Payment for out of standard hours cover; Cork roster.
BACKGROUND:
2. This case concerns a dispute between the Irish Blood Transfusion Service (IBTS) and the Medical Laboratory Scientists Association (MLSA) in relation to restructuring within the IBTS. It is claimed that the restructuring agremeent will result in greater efficiencies for the service with Medical Scientists providing cover on an extended working day from 7am to 7pm.
The parties have been in discussions in relation to the restructuing and have reached agreement on numerous issues. The issues that remain in dispute are Overtime rate Mon-Fri; Buy in payment, Loss of earnings, Annual leave, Second tea break, Payment for out of standard hours cover; Cork roster. The Union is seeking improvements in Managements previous offers on the disputed issues. Managements position is that it has attempted to resolve all outstanding issues and has made reasonable offers in relation to the dispute.
The dispute was not resolved and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As final agreement was not reached the issues in dispute were referred to the Labour Court on 5th December 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 1st February, 2008.
UNION'S ARGUMENTS:
3. 1. The claim is fair and reasonable in the current circumstances. The IBTS will greatly improve its service as a result of the restructuring. The Medical Laboratory Scientists will be providing extra hours of cover, will lose out on regular overtime and other annualised payments and will provide additional out of hours cover. This should be acknowledged by management in concession of the claim on these issues.
2 The issue in dispute in the Crossmatch Laboratory in Cork is based on Saturday cover and whether it should form part of the 34 hour roster or as overtime. The Union is seeking that it should be paid as overtime on the basis that the roster should be made out from Monday to Friday only.
3 On the basis of accepting the restructuring agreement and the additional workload and responsibility attached, the Union is also seeking an additional tea break and additional annual leave for the Medical Scientists employed by the IBTS.
4 The Medical Scientists should also receive an increase in the productivity payment on the basis of accepting the restructuring. The payment is currently ongoing and pensionable and should be increased from the current rate of
€2,700 to €6000 on the basis of the savings.
COMPANY'S ARGUMENTS:
4. 1. Management have offered to buy out all overtime/ annualised payments at twice the value of the loss. Further costs would be unsustainable and inappropriate. In relation to the Buy in payment, management have offered a once off payment as opposed to an ongoing increase in the productivity payment. There have also been many fair options put forward in relation to on call payments which should be accepted by the Union.
2. The Cork roster issue should be based on a Monday to Saturday roster and not on a Monday to Friday as suggested by the Union. Staff in the comparable Dublin Laboratory have already accepted that Saturday will form part of the normal weekly roster and the Cork laboratory must also accept this.
3.Annual leave entitlements are currently in line with comparable Health Service employees. As agreement pending in the Health Service, on a 34 hour working week, will result in an addtional days annual leave for Laboratory Scientists, the IBTS will also apply the additional days leave on acceptance of the restructuring agreement.
4A second tea break was put forward only in the context of the long 12 hour shift. It is not appropriate for a second tea break on a normal shift.
RECOMMENDATION:
This dispute came before the Court against the background of prolonged negotiations between the parties on restructuring work organisation in the Boards various Laboratories. Substantial agreement has now been reached on an Extended Working Day Agreement whereby Medical Scientist will provide rostered cover from 7am to 7pm Monday to Friday. However final agreement could not be reached on the matters now before the Court.
In the Court's view the various elements of the overall restructuring package already agreed constitute significant change which will result in ongoing benefits to the Board and its service users by way of cost savings and efficiencies. On that account the Court is satisfied that this is an appropriate case in which to recommend some ongoing improvements in conditions of employment in consideration of the changes agreed.
The Court recommends as follows:-
- 1.Overtime Payments Monday to Friday
The Court does not believe that the Union's claim is soundly based. Accordingly, it recommends that the Board's offer be accepted.
2.Special Allowance Payment Increase (Buy-In)
The Court recommends that in consideration of the changes agreed, and as an alternative to the Board's offer of a once-off buy-in payment, this allowance should be increased by €1,000 per annum. The allowance, as adjusted, should continue to be increased by reference to increases in basic pay.
3.Loss of Earnings Calculation
The Court is satisfied that the Boards offer is in line with precedent and should be accepted. The amount should, however, be paid in a single amount on acceptance of this Recommendation.
4.Additional Annual Leave
The Court recommends that in consideration of the changes agreed two additional days annual leave at each grade and level be granted on an ongoing basis commencing in the leave year 2009.
5.On-call / Standby Payments.
Having carefully considered the detailed submissions made by the parties on this aspect of the claim, the Court has formed the view that the final offer put forward by the Board at conciliation (described as offer 4 at Appendix XV of the Boards submission to the Court) is reasonable and should be accepted.
6.Provision of 2nd Tea Break.
The Board's offer to provide a second tea break for the long day shift (that is a 10 hour shift finishing at 7pm.) should be accepted.
7.MRTC Crossmatch Department Rostering Arrangement.
The Court can see no basis upon which it could recommend a different arrangement for this facility than that which applies elsewhere within the organisation. Accordingly, the Court recommends that the Board's position on this matter be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
22 February, 2008.______________________
AH.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.