FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. (a) Changes to payment for weekend services (b) Extended working day Monday to Friday (c) Cessation of €1800 allowance.
BACKGROUND:
2. This case concerns a dispute between the HSE and SIPTU in relation to issues concerning the Radiation Therapist's grade. The issues in dispute are (a) the introduction of an extended working day, 8am - 8pm as per Clause 2.9.12 of the Public Service Agreement, (b) remuneration arrangements for the provision of out of hours work at weekends and Public Holidays and (c) the elimination of €1800 payment in respect of 8am-6pm work commitments.
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 13th March 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 6th June 2013.
EMPLOYER'S ARGUMENTS:
3. 1. The requirement to extend the working day is necessary to achieve the required flexibility in meeting service requirements within the current funding constraints. The proposed changes are necessary and are in compliance with the terms of the Public Sector Agreement 2010-2104 (PSA)
2. The need to change payment method for outs of hours service on weekends and public holidays from a fee per case basis to an hourly rate are necessary to achieve a more cost effective service. This is in compliance with agreements reached with analogous grades within the sector
3 The payment of the €1800 allowance which has applied since 2006 as part of an agreement to extend the working day from 8.00am - 6.00pm is no longer appropriate given the provisions of the PSA which extend the working day from 8.00am - 8.00pm
UNION'S ARGUMENTS:
4. 1. The Union has serious concerns in relation to the extension of the working day within the current staffing structures. Best practice guidelines on staff numbers and safety implications of service provision will not be met under management's proposals.
2. The changes sought by management in respect of the payment method for out of hours service is already the subject of an agreement concluded between the parties in 2011. In the circumstances the Union does not accept that further changes should be made.
3. The allowance continues to be paid to analogous grades within the Health Service and the work for which the allowance was introduced continues to be done. Accordingly, the Union does not accept that the payment of the allowance should cease.
RECOMMENDATION:
The issue before the Court was referred under Clause 1.24 of the Public Sector Agreement 2010 – 2014 (herein referred to as “PSA”) and concerns proposed changes to Radiation Therapists’ terms and conditions of employment. The Radiation Therapists are located in various different hospitals, working mostly a 35 hour week on a Monday – Friday basis between 8.00am and 6.00pm.
In order to meet its obligation to ensure the provision of an efficient and effective service delivery HSE Management proposed certain changes to the terms and conditions of Radiation Therapists. No agreement has been reached on three issues which are now before the Court, these relate to (i) the introduction of an extended working day, (ii) changes to the hourly pay for provision of out of hours service at weekends and public holidays and (iii) cessation of €1800 allowance.
Having considered the positions of both sides the Court recommends as follows:-
- (i)the introduction of an extended working day,
HSE Management sought the introduction of an extended day with effect from 1stAugust 2013 in line with the PSA. It held that there was a requirement for such an extension of service in order to provide increased availability and access to radiotherapy over an extended period to support service delivery for patients, facilitate a more cost effective response to peaks/surges in demand such as service days and improve productivity through the utilisation of expensive capital equipment over a longer working day.
The Union accepts Clause 2.9.12 of the PSA, however it challenged whether there was a need for such an extended service for Radiation Therapists and whether the operational requirements necessary for its introduction were in place.
The Court accepts that HSE Management has identified a service need requirement for Radiation Therapists to provide an extended day service, therefore the Court recommends that Radiation Therapists should comply with introduction of an extended working day covering the period 8.00am – 8.00pm in line with Clause 2.9.12 of the PSA.
- (ii)changes to the hourly pay for provision of out of hours service at weekends and public holidays
HSE Management sought a replacement of the current system of payment on a fee per case model to an hourly rate of pay for Radiation Therapists at weekends and public holidays to meet service demands. It set out a proposed new remuneration structure, consistent with that agreed for other related/associated professional grades e.g. Radiographer grades.
In response to this proposal the Union referred to an agreement for the provision of weekend /public holiday service by Radiation Therapists negotiated within the context of a national agreement on provision of an emergency service agreed by both parties under the auspices of the PSA effective from 1stJune 2011. It held that it was totally unacceptable for HSE Management to now seek to withdraw from that agreement.
The Court accepts the requirement for consistency of out of hours payments for the various related/associated professional grades within the HSE, however, it also recognises that an agreement was freely entered into under the auspices of the PSA between the parties as recently as June 2011 and accordingly recommends that that agreement should remain in place until 31stMay 2014 at which point an hourly rate of pay consistent with other related/associated professional grades within the HSE should be implemented by 1stJune 2014.
- (iii)cessation of €1800 allowance.
HSE Circular 005/2006 provided payment of €1800 allowance for those who agreed in 2006 to a change in their contracted attendance pattern to allow for the introduction of a working day from 8.00am to 6.00pm Monday to Friday. All Radiation Therapists are in receipt of this allowance. HSE Management sought to eliminate the allowance as it maintained that the rationale for its provision has been rendered redundant by the commitment under PSA to the introduction of extended working day over 8.00am to 8.00pm.
The Union objected to the proposed elimination of this allowance given that the merit for the payment remains as per the terms of its introduction and it had not been removed for other related/associated professional grades.
The Court does not recommend in favour of the cessation of the allowance.
Compensation for loss of earnings
The Court notes that HSE recognise that standardisation of terms and conditions across the system are significant and will impact considerably on staff and accepts that where a loss of earnings arises from the introduction of these arrangements they will be addressed in accordance with the terms of the PSA.
Conclusion
The above Recommendation is binding on both parties in accordance with Clause 1.24 of the PSA.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th June,2013______________________
AH.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.