LCR20044

SUBJECT:
1. Issues arising From closure of Heatherside Hospital and transfer to Heather House. 1. Travel Allowance. 2. Travel Time. 3. Redeployment to Hospitals in the North Cork area. 4. Exit Package for those people who do not wish to relocate to Heather House


BACKGROUND:

2. The dispute concerns the relocation of approximately 60 staff (covering three unions) plus 27 patients from Heatherside Hospital in Buttevant, North Cork to Heather House in Cork City, a distance of 52 kms. The main issue is that the Public Service/Croke Park agreement only provides for relocation within a 45 km radius and there have been discussions between the parties since 2009 in regard to the additional travel time and costs involved for the majority of staff. The HSE offered to provide a bus to transport staff but the Union does not believe this is workable and rejected it. It is seeking a once-off payment as compensation for the inconvenience. The Union also wants the HSE to look at the possibility of transfers to North Cork or other locations for staff who do not wish to move to the new premises.

The dispute was referred to the Labour Relations Commission (LRC) and two conciliation conferences took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 14th March, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th April, 2011, in Cork.

UNION'S ARGUMENTS:

3. 1. The move to the new location will add 1.5 hours round trip to the travel time for the workers involved. New rosters being proposed will involve 12-hour shifts meaning that staff will be absent from home for 15 hours in total. There will also be extra travel expenses for those involved.

2. The HSE is currently using agency workers in North Cork and Limerick filling full time posts, work that could be offered to staff who do not wish to move to Heather House.


HSE'S ARGUMENTS:

4. 1. The new premises will provide state-of-the-art facilities for the patients and the HSE has made significant investment in the training of the core staff.

2. Whilst all staff are required to move to Heather House initially the HSE will prioritise a return to suitable posts in North Cork when such approved vacancies are available.

3. New rosters proposed will reduce the number of days for staff and thus minimise the amount of travel time involved.

4. The HSE is restricted by the Public Service Agreement (PSA) in what it can do in the current dispute e.g. any claim for compensation is considered a cost-increasing claim and is therefore precluded by the PSA.


RECOMMENDATION:

The matter before the Court concerns the closure of Heatherside Hospital Services, Doneraille, Co. Cork and the move to Heather House, St. Mary’s Orthopaedic Hospital Campus, located at Gurranabraher, in Cork city, a distance of 52 kilometres. The move will take place on 27th April, 2011. The Union submitted claims to the Court related to the implications for its members concerned with the move.

As the travel distance involved was outside the parameters provided for under the Public Service Agreement 2010- 2014(PSA), the Union submitted claims for compensation for travel time and travel expenses. It also sought alternative placement options in the North Cork Area for staff not wishing to transfer and/or provision of an early retirement/voluntary exit package for staff.

To address the claims submitted by the Union, HSE South offered to provide a bus service from the old location to the new location. Furthermore, for those employees transferring to the new location it offered one extra day’s annual leave each year in the leave years 2011 and 2012, on a cost-neutral basis. It rejected the Union’s claims for an early retirement/voluntary exit package for staff, as no such schemes exist at this time. Management informed the Court that it was most anxious to oblige staff not willing to transfer to the new location with alternative redeployment options. To this end management stated that it requires clear guidance from the Union on the criteria to be used in allocating any available redeployment options.

Management confirmed that a number of current vacant management posts will be filled through the use of redeployment/acting up/recruitment where necessary.

Management acknowledge that the move to the new location and in particular the distance incurred is significant. However, it was restricted by the terms of the PSA, and its proposals reflect the only options available at this time.

Chapter 6 of the PSA outlines the agreed redeployment protocol between the HSE and the Unions in order to maximises the efficient and effective deployment of resources while recognising the rights, entitlements and needs of employees, and ensuring commitment to the development and maintenance of positive working environments.

Clause 6.1.23 of the PSA states:

• “Staff may be redeployed to a location within a 45 km radius of their current work location or of their home address, whichever is the shorter commute. In making such redeployment decisions regard will also be had to reasonable daily commute time.”
  

It is not disputed that the relocation of the Heatherside Hospital is outside the parameters of PSA and in that respect the Court accepts that this move is somewhat exceptional. Therefore, in all the circumstances outlined the Court recommends as follows:

Travel Expense

The Court notes that the Union was of the view that the provision of a bus service would not resolve the issue of the travel involved in commuting to and from the new location. There was a common claim among all Unions involved in the move that some form of compensation for the extra travel and inconvenience involved would resolve this aspect of the claim. Accordingly, due to the exceptional nature of move the Court recommends that a once off lump sum of €2,000 should be paid to each member of staff who falls outside the 45 km radius referred to above.

Travel Time

The Court recommends that as compensation for the extra time involved for those who transfer to the new location, management’s offer of extra annual leave should be increased as follows - two extra days’ annual leave should be granted for each year in the leave years 2011 and 2012, on a cost neutral basis.

Early Retirement/Voluntary Exit Package

The Court recommends that management should approach the relevant authorities to seek approval for the application/re-opening of the public service early retirement/voluntary exit package for those employees who do are not willing to transfer to the new location. These options should be made available to such staff for a period of one month from the date the options become available.

Redeployment

Both SIPTU and INMO raised the issue of redeployment for staff not willing to transfer to the new location. The Court recommends that these Unions should co-operate with management’s requirement for details of the criteria to be followed in the event of redeployment options becoming available. Furthermore, the Court recommends that management must advise the Unions of the details where any redeployment opportunities are identified, as soon as possible.

The Court so recommends.

Signed on behalf of the Labour Court



Caroline Jenkinson
15th April, 2011______________________
CONDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.