FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Abolition of On-Call
BACKGROUND:
2. The case before the Court concerns a claim by the Union on behalf of its members in relation to the abolition of the on-call working pattern and involves approximately one hundred and twelve ambulance drivers across sixteen stations within Cork and Kerry. The Union are seeking the complete elimination of the on-call facility which currently requires sixteen on-call hours to be completed per week. The Union contends that on-call is an unsafe practice and poses serious health and safety risks to the drivers involved. They are therefore seeking the discontinuation of this facility as soon as possible. The Employer does not dispute this and has committed itself to the process of eliminating on-call. However to date there has been no agreement reached between the parties. The dispute could not be resolved at local level and was the subject of a previous Labour Court Recommendation (LCR17634 refers) and several Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 17th December 2010, in accordance with Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on the 22nd February 2011.
UNION'S ARGUMENTS:
3. 1. The requirement to complete on-call hours is a major health and safety concern and is an unsafe practice for drivers who are required to work excessive hours when called upon to do so. Management do not dispute this fact.
2. On-call has already been eliminated from ambulance services in the Midlands and the South-East of the country.
3.Various expert reports recommend the abolition of on-call and categorise it as unsafe.
4. The Union rejects the Employer's previously proposed plans for gradual cessation of on-call and contends that it would lead merely to a reduction in on-call and not the complete elimination of the facility.
EMPLOYER'S ARGUMENTS:
4. 1. Management are continuously striving to reduce the level of on-call. The number of on-call hours required per week per individual has already decreased significantly.In addition, on-call has been eliminated from weekend rosters and operates on a Monday-Thursday basis only.
2. The elimination of on-call requires additional financial and human resources which are not readily available at present. Management contends that the on-call issue must be addressed using existing resources by means of reconfiguration and redeployment.
3. Management further contends that the elimination of on-call may only be achieved on a planned incremental basis with the full co-operation from the Union.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this dispute.
The Court notes that this matter has been ongoing for some considerable time and that both parties are anxious to find a solution that will result in the elimination of “on call” working from the ambulance service in the Kerry, Cork area.
In light of this, the Court recommends that the parties meet, under the auspices of an independent chair, to agree, within three months of the date of this recommendation, a comprehensive proposal for the total elimination of on call working within a tight timeframe. Both parties should acknowledge that such a profound change will not be possible without very significant levels of flexibility on the part of the ambulance staff and extensive restructuring of the service on the part of the HSE and accordingly should commit to taking all appropriate steps to accommodate whatever is necessary to achieve agreement. Both parties should also recognise that the discussions will take place within the financial constraints of the HSE and within the parameters of the Public Service Agreement.
The parties should commit to the total elimination of on call working within the shortest possible time scale and certainly no later than 12 months after the date on which a comprehensive agreement is reached.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
25th February 2011______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.