FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE (SOUTH) - AND - UNITE DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Implementation of New Roster (Manning)
BACKGROUND:
2. There have been on-going discussions since 2004, initiated by Management, regarding the number of Emergency Medical Technicians (EMTs) that ought to be available for rostering at Waterford Regional Hospital Ambulance base. In order to provide the level of service demanded by the public the Union contend that an increase from the current manning level of 20 to 26 EMTs is urgently required. Local Management on the other hand agrees in principle but has difficulties in putting forward a successful business plan acceptable to the HSE (South) having due regard to financial and budgetary restrictions.
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 15th April, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th September, 2008.
UNION'S ARGUMENTS:
3. 1. After discussions at the request of Management to increase roster coverage, the Union submitted a plan in February 2006 which proposed a 26 person roster, confirmation that this was acceptable was received from the Acting Chief Ambulance Officer.
2. At a meeting in March, 2007 an agreement was reached to put in place a pilot roster on a temporary basis for 6 to 7 months, however it later became clear that the HSE was awaiting progress at a National level before addressing the issues at the Waterford station.
3. A further Draft Agreement was reached in August, 2008 taking account of the present situation. This has not yet been implemented.
COMPANY'S ARGUMENTS:
4. 1. Some new factors have come into play since discussions began in 2004. The service now has become a National Ambulance Service and the grading structure is being changed to allow the service to concentrate on emergency work when agreement is finally reached. A proposed new PTS grade (Patient Transport Service) will then transport stabilised patients between hospitals or other care facilities.
2. The Ambulance Service, in any event, does not have the authority to recruit any extra staff as it is restricted by the same financial constraints as the rest of the HSE.
RECOMMENDATION:
Having considered the submissions made to it by the parties, the Court's view is that agreement in principle had been reached between the parties (against the background of the parties having reached a previous agreement, also in principle, on roster numbers) and that, given the views consistently expressed by the Court on the importance of implementing agreements, the parties should now, as a matter of priority, implement the agreement reached.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
7th October, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.