FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE-DUBLIN MID LEINSTER / NATIONAL AMBULANCE SERVICE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Issues relating to withdrawal of Patient Transport Services.
BACKGROUND:
2. The National Ambulance Service (NAS) is to cease the provision of Patient Transport Services (PTS) and a number of issues are in dispute regarding the redeployment of the twelve minibus drivers in Dublin to the new Intermediate Care Vehicle Service (ICV).
Those issues are (1) 7.5% pay claim; (2) cardiac allowance claim; (3) rosters/shift allowance claim; and (4) redeployment options/future of PTS.
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 25th March, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th June, 2013.
UNION'S ARGUMENTS:
3.1. The Minibus Drivers cannot be expected to upskill to Emergency MedicalTechnician and register with PHECC, move from a 5-day to a 24/7 roster for no extra increase in pay. Talks regarding the 7.5% allowance have been ongoing since 2009 and should be concluded as per the document signed off on 8th July 2009.
2. Patient transport will not come to a stop, all offers of redeployment to ICV or outside the service should be offered on a seniority basis to members who will have full knowledge and information before they make a decision on what direction their future careers will take.
COMPANY'S ARGUMENTS:
4. 1. Benchmarking and job evaluation has established that Minibus Drivers were at Band 3 on the pay scale. Any cost-increasing pay claim would not be valid under the rules of Section 1.27 of PSA 2010-2014. The Minibus Drivers are on the same rate as ICS staff where the claimed cardiac allowance does not apply.
2. The National Ambulance Services National Framework Agreement Intermediate Care Services requires a roster service that ensures quality improvements in both clinical and response needs. Where the driver's roster is compliant with the foregoing the roster worked will attract the relevant premium.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court recommends as follows:-
Pay
The Court finds merit in the Union's case.� However, the terms of the Public Service Agreement 2010 - 2014 prohibits the processing of pay claims for the duration of the Agreement.� Accordingly, the Court does not recommend concession of this claim.
Cardiac Allowance
The Court finds merit in the Union's claim.� The Court recommends payment of the allowance to those affected staff members who meet the qualification requirements for payment of the allowance.
Shift Rate
The Court recommends that the Ambulance Service apply the relevant terms of the 1978 National Ambulance Agreement to the staff affected when they undertake work rosters that meets the requirements for the payment of a shift allowance set out in that Agreement. The Court notes management's commitment to apply the terms of that Agreement to the affected staff in this regard.
Redeployment
The Court notes Management's commitment to retain those staff that wish to remain as Mini Bus Drivers in that role while resources permit. The Court further finds that the staff affected come within the scope of the Redeployment Clauses of the Public Service Agreement 2010 - 2014.� Accordingly, they are subject to both the restrictions and opportunities set out in that Agreement and Management is required to treat them accordingly and seek to facilitate them with transfers within the Ambulance Service, the HSE or the wider public service in accordance with the provisions of the Agreement.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
23rd September, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.