FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN MID LEINSTER - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Rostering Arrangements at Tullamore Ambulance Station
BACKGROUND:
2. This case concerns a dispute between the HSE Dublin Mid Leinster and SIPTU in relation to rostering arrangements at Tullamore Fire Station. The issue relates to the staffing of an Emergency Dispatch Point (EDP) at Edenderry and management's intention to roster advanced paramedics more effectively throughout the service.
Management's position is that to effectively service the needs of the Edenderry area, it must utilise staff from the Tullamore Station. In the absence of funding to provide a new fire station at Edenderry, management contend that effective rostering of the EDP is essential going forward.
The Union does not accept any changes to the rosters as it feels that the needs of the Edenderry area are already serviced adequately through the rostering arrangements in place at the Tullamore station. It further contends that there are not adequate facilities located at the EDP and it would not be appropriate for staff to be permanently rostered there.
In relation to rostering Advanced Paramedics, the Union contends that it is a national issue and must be discussed at that level. Management reject this on the basis that rostering is a local level issue with no national implications.
The dispute was not resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 9th February, 2010. A Labour Court hearing took place on 6th July, 2010.
UNION'S ARGUMENTS:
3 1 The Union does not accept the changes to the rosters as proposed by management. There is already an adequate service provided to the Edenderry area, without the need for a permanent roster at the EDP.
2 The facilities provided at the EDP are inadequate and unsuitable for permanent rostering. In addition, the rostering arrangements currently in place at Tullamore are required to facilitate staff needs as well as providing a service to the public and cannot be unilaterally changed by management.
3 The Union does not have a mandate to enter discussions on the deployment of Advanced Paramedics as this is a national issue and should be dealt wth at that level.
MANAGEMENT'S ARGUMENTS:
4 1 Management reserves the right to introduce changes to the rosters to assist in providing the best possible service to members of the public. It has tabled proposals which will meet its needs but will not adversely affect staff involved in the new rosters. However, there has been no meaningful engagement from the Union on the issues in dispute.
2 Management does not accept the Unions assertions that the deployment of Advanced Paramedics is a national issue and it is without a mandate to negotiate on such issues. Such rostering arrangements vary greatly betwen regions with no national implications.
RECOMMENDATION:
The matter before the Court concerns the HSE’s proposals to change the roster at Tullamore Ambulance Station in order to facilitate an Emergency Dispatch Point (EDP) at Edenderry.
This issue had been the subject of discussions and negotiations for more than 5 years, when initially it was intended to build a new Ambulance Station at Edenderry, however with Government cutbacks funding for the project was diverted elsewhere and HSE proposed to establish an EDP to deal with the urgent local Ambulance requirements in the meantime.
Through effective rostering HSE also sought to target specially trained Advanced Paramedics to treat those patients who could benefit from their specialised training.
Despite extensive efforts to agree new arrangements, it was not possible to enter into meaningful discussions on a new roster.
HSE submitted a set of proposals which committed to ensuring no material change in the terms and conditions of employment for Ambulance personnel and no decrease in the existing level of cover in the Midlands. On the contrary, when Edenderry is operational it hoped to progress to full 24/7 day cover.
The HSE proposals are as follows: -
(a) “Changing the existing roster from 18 places to 14 places so as to free up four positions to provide a service based in Edenderry rather than from Tullamore. In order to effect this change with the minimum impact on existing staff in Tullamore, the management have set out the following measures:
�Any current or future vacant rostered positions in Tullamore have been covered by unrostered staff until the quota of four was achieved.
�The transfer of two rostered lines (4 places) in Tullamore will primarily focus on one Wednesday and Thursday night shift and one Saturday and Sunday shift and ensure that the available resources meets the expected demand.
�The same shift starting and finishing times will prevail.
�Ensure that the new roster continues to meet legislative and contractual requirements, i.e. Organisation of Working Time, Safety Health and Welfare and contractual hours obligations.
�Pending arrangement on a new roster for Tullamore, it is expected that the remaining rostered positions in Tullamore will attract the same percentage of weekend premia as currently exists. It is also expected that the remaining rostered positions in Tullamore may work fewer nights, however shift premium will be unaffected.
�Opportunities for the same crews to work together on the Paramedic roster can be identified on 3 out of 7 weeks.
�There are a number of staff who have indicated a desire to work in Edenderry, thereby enhancing the possibility of backfilling opportunities for unrostered staff in Tullamore and other locations.
�As an optional measure, management have proposed the introduction of “flexi weeks”. This is not the same as staff being unrostered. A flexi week is a line in a roster where the location is fixed, the number of shifts to be worked are fixed, but the shift (day or night) and weekday are not. This system can be used to maintain 18 places on the roster in Tullamore. Flexi weeks can be well structured in the context of existing structured leave arrangements.
(b) Ensure that all skill levels (Paramedic and Advanced Paramedic) are effectively deployed and that patients receive a high quality service.
In this regard, the HSE proposes that the new roster in Tullamore meets the following parameters:
Having considered the positions of both sides the Court is of the view that HSE has made every effort to progress this matter, which the Court was informed is now of urgent major local importance. The Court has not been presented with any arguments to suggest that the above-mentioned proposals, submitted by HSE are unreasonable and accordingly recommends that they be accepted and implemented by not later than 1st September 2010.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st July 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.