FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (IBTS) (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH NURSES AND MIDWIVES ORGANISATION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. (1) Accumulated hours system for part-time and full-time staff and (2) cross-functionality.
BACKGROUND:
2. The IBTS is established under statute providing blood and blood products in a safe and efficient manner to the Health Services. There are approximately 620 people employed in the Service in Dublin, Cork, Limerick, Carlow, Tuam and Ardee.
The Service is proposing an accumulated hours' system for all staff and cross-functionality between all grades of Driver Attendants, Driver Clerks, Registered General Nurses, Clinical Nurse Managers and Team Leaders in order to address the suitability of clinic times and to reduce the length of time it was taking to give a blood donation. The Unions are opposed to both issues as proposed.
The dispute could not be 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 dispute was referred to the Labour Court on the 2nd December, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 13th March, 2012.
UNION'S ARGUMENTS:
3. 1. The changes significantly alter the method of working for Donor Team members who provide support based predominantly in an unsocial hours setting in order to meet the needs of the donors. The proposed system would result in a loss of earnings being incurred by all members of the Team.
2. If all staff are to do all jobs this may lead to certain people or grades not being offered any work.
EMPLOYER'S ARGUMENTS:
4. 1. The changes will allow the Service to meet the minimum contracted hours for staff and take account of fluctuations in demand for product. It will allow the rostering of the appropriate number of staff at each clinic to meet anticipated donor attendance. There will be a mechanism in place to address claims for any loss of overtime.
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2. Cross-functionality rostering within teams will result in a better service to donors and is already successfully in operation in Cork between Team Leaders and Donor Attendants. The changes sought are in line with clause 2.15 of the Public Service Agreement 2010-2014.
RECOMMENDATION:
The matter before the Court concerns Management’s decision to introduce changes as provided for under the Health Sector provisions of the Public Service Agreement 2010 – 2014 (the PSA). These changes will affect Donor Attendants, Team Leaders, Registered General Nurses, Clinical Nurse Managers and Driver Clerks. The requirement for the changes stems from Management's commitment to meet the terms of the PSA coupled with its requirement to improve blood collection efficiency at time when the requirement for red blood cells and platelets is reducing.
Management put forward a set of proposals at the end of 2010 to address these demands. The proposals include two issues which are in contention between the parties. These concern the proposal to introduce (i) an accumulated hours rostering system for part-time and full-time staff and (ii) cross-functionality rostering.
Having considered the submissions of both sides the Court recommends as follows:-
- (i)Accumulated Hours Rostering System for Part-Time and Full-Time Staff
The number of Donor Clinics is reducing and in order to match the size of the teams required for the relevant activity levels Management needs to roster the appropriate number of personnel to meet the anticipated donor attendance. Therefore, it anticipates that it may not be possible to meet staff contracted hours on a weekly basis and so management put forward proposals to introduce an accumulated hours rostering system, whereby the entire team’s hours are managed over the same four-week cycle, in order to meet the minimum contract hours. While it anticipates that rostered hours may vary from week to week it does not expect that this variation will be significant. Management stated that rosters covering the four-week period will be published in advance.
The Unions expressed concerns with the proposal as they believe that the normal level of contracted hours will not be honoured and the only commitment that will be given is to a number of guaranteed hours per month, i.e. it will not reflect the true nature of the hours normally worked by each employee. The Unions sought an averaging of contracted hours averaged over the previous two years. Furthermore, they had concerns that the new proposed system of rostering could present frontloading of rosters and a deficit of hours later in the month.
The employees concerned have a variety of contracted hours including:
- Part-Time :0 – 37 ¼ hours per week
- 18 – 25 hours per week
18 - 37 ¼ hours per week
- 18 – 25 hours per week
In order to address the Unions’ concerns and to meet Management’s objectives, the Court is of the view that it is essential to establish a true range of hours normally worked for those employees on part-time contracts of employment. Therefore, the Court recommends that in terms of drawing up the proposed rosters and in deciding on the number of hours to allocate to each part-time employee per four-week period, an exercise needs to be conducted to establish the average number of hours worked on a weekly basis over the previous twelve-month period. When that average number is established then the Court is of the view that it should be slotted within a range of hours to establish the minimum level of hours to be allocated in the new proposed accumulated hours rostering system. The Court suggests that the ranges should be as follows:
- 18 – 22 hours
23 – 27 hours
28 – 32 hours
33 – 37 hours
For example, where a part-time employee has an average of 25 hours in the previous 12 months, he/she will be rostered to work a minimum of 92 hours per four week roster, i.e. 23 x 4 = 92 hours.
The Court recommends that this process should be completed within two weeks of the date of this Recommendation.
Of concern to the Unions was the method of payment for hours worked. Management confirmed to the Court that the current payment system would remain whereby employees are paid on a fortnightly basis for all hours worked up to 37 ¼ hours. Hours in excess of 37 ¼ hours will instead be paid at the end of the rostered month. The Court upholds this position.
(ii) Cross-Functionality Rostering
Management sought agreement on cross-functionality in the blood collections teams in order to give greater flexibility to meet the contracted hours when completing rosters and to improve the donor clinic service.
The Unions expressed concerns with the proposal as they believe it could have an impact on security of posts for a number of grades, it will de-recognise defined roles and could lead to the removal/withdrawal of established grades amongst the donor team.
In response Management stated that cross-functionality will not remove the identity of grades and it stated that it is simply seeking the type of flexibility which is encompassed by the PSA.
The Court is satisfied based on the commitments given by Management that this proposal will not disestablish the grades concerned nor will it interfere with the allocation of work for those grades and, while they will be required to give flexibility, their rate of pay will not be affected.
On that basis the Court recommends that the Unions should accept the assurances given and agree to accept the proposals on cross-functionality.
Review of the New Working Arrangements
The Court recommends that the proposals as amended by this Recommendation should be implemented and should be subject to an interim review after an initial period of six months and further reviewed after twelve months in operation. The Court recommends that this review should be conducted by a Joint Review Forum comprising of equal numbers of Management and Trade Union representatives and an independent person. The purpose of the Joint Review Forum will be to identify any difficulties which may arise regarding the implementation of the new working arrangements and to discuss any residual issues which may arise. Any outstanding matters should be processed though the relevant procedures in accordance with the terms of the PSA.
The Court recommends that Management’s proposals should be amended to reflect the recommendations/commitments referred to in this Recommendation and on completion of the two-week exercise recommended above the Unions should co-operate with the implementation of the new revised working arrangements.
Compensation for Loss of Earnings
The Court recommends that the formula provided under the terms of the PSA for compensation should apply in the event of any loss of earnings occurring as a result of the implementation of the new working arrangements.
The formula provides that compensation should be calculated on the basis of 1.5 times’ the actual loss. The level of loss to be established in each case by comparing earnings in a full twelve-month period in which the new arrangements have been in operation with a corresponding period in which the previous system operated. Payments to be made in two instalments, the first instalment of 50% to be paid 12 months after the new arrangements have been in operation. The remaining 50% to be paid six months thereafter.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th April, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.
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