FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN NORTH EAST (REPRESENTED BY HSE DUBLIN NORTH EAST) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Proposed changes to D-Doc Service
BACKGROUND:
2. The issue involves a dispute between the Union and the HSE Dublin North East in relation to proposed changes in the D-Doc Service operating in North Dublin City and County. At present the D-Doc operates an out- of -hours GP service from two locations, Coolock, Dublin 5 and Hartstown, Dublin 15. The proposed change is to reduce the weekday/weeknight service and increase weekend services in line with the actual patterns of demand.
The Union contends the changes will adversely affect its members' rosters and the level of service provided to the clients.
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 22nd December 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th May, 2010.
UNION'S ARGUMENTS:
3 1 It is unfair to expect drivers to work another weekend shift when they already work two weekends out of four. The proposed changes would hugely impact upon members' social and family lives.
2 The current level of service midweek is barely sufficient to meet demand.
3 There is a panel of relief drivers that may be utilised to facilitate an extra weekend shift.
COMPANY'S ARGUMENTS:
4 1 Statistics clearly show the higher demand for services at weekends, however the HSE does not have the resources to expand the service. A rebalancing of existing resources is necessary.
2 The proposed changes are fully in line with employee contracts and employee rosters may be changed as and when necessary.
RECOMMENDATION:
The Court has carefully considered the oral and written submissions of both parties.
The Court considers that the changes proposed by the HSE are designed to meet the actual demands on the service and therefore are reasonable and should be accepted by the Union.
However the revised arrangements will involve significant changes in the working patterns of the drivers affected. Accordingly, the Court recommends that the parties meet to examine the proposed roster with a view to minimising its effect on the frequency and extent of weekend working.
Some staff may wish to transfer out of the service rather than work the new roster and the HSE should try to accommodate any such requests at the earliest possible opportunity.
The operation of the revised service arrangements and rosters should, after six months, be reviewed against the resources available, the experience of the demands that are placed on the service and the impact of the new rosters on the drivers affected.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
27th May 2010______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.