FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. On call/call-out arrangements
BACKGROUND:
2. The TEEU are in dispute since 1996 with the HSE regarding a claim that relates to the On-Call/Call-Out Arrangement for its members nationally, the dispute involves no other Union.
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 19th August, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd December 2008 and a second hearing took place on the 1st July, 2010.
UNION'S ARGUMENTS
3. 1. The Union feels that pursing this issue does not compromise its membership of the ICTU Craft Group of Unions as it does not compromise the collective authority of the national group.
EMPLOYER'S ARGUMENTS
4. 1. The Craft Group of Unions sought discussions with the HSE in December 2006 regarding the issue of On-Call/Call-Out arrangements. The HSE at the time advised the Group that proposals to establish a joint review would encompass all Craft Workers
2. It is the HSE's view that the Public Service Agreement provides the framework and context to address the issues raised in the current dispute.
RECOMMENDATION:
The sole issue now arising is how the parties should proceed in discussions on a national on-call agreement.
In the Court's view it is neither practical nor desirable to expect the HSE to enter into negotiations with one Union on an issue which clearly affects all craft workers. Accordingly the Court reiterates the view which it previously expressed in its letter to the parties of 4th December 2008, that negotiation should take place at national level between the HSE and all the Local Authority Craft Group of Unions.
Any such negotiations should be considered strictly within the parameters of the Public Service Agreement 2010-2014.
Signed on behalf of the Labour Court
Kevin Duffy
27th July, 2010______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.