FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE AMBULANCE SERVICE (NORTH LEINSTER) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Mr Hall |
1. Non Payment Of Shift Pay For Ambulance Service Staff.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 8 September 2017, in accordance with section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23 October 2017.
UNION'S ARGUMENTS:
- All National Ambulance Service staff are covered by a 1978 agreement regarding shift pay.
- There has never been any incidence of management seeking to change the terms of criteria around the payment of shift pay.
EMPLOYER'S ARGUMENTS:
- The Union's claim is cost increasing and is precluded by section 1.27 of the Public Service Agreement and section 8.3 of the current National Agreement Public Service Stability Agreement.
- LCR7001, which states that shift can apply with start time variations of at least four hours and a difference of at least 12 hours between earliest and latest shift, is a requirement not met by the claimants to be eligible for shift pay.
RECOMMENDATION:
The issue in dispute between the parties is the payment of a shift allowance in accordance with the 1978 Pay agreement for Ambulance personnel (1978 agreement) for staff operating the Bumbleance service based in Cherry Orchard. There are four posts currently attached to this service.
Managements position is that the staff involved in the claim are ICO’s and therefore not covered by the agreement. They also pointed out that unlike paramedics who worked a 24/7 shift cycle the staff covered by this claim only worked two shifts between the hours of 6.00am and 10.00 pm and did not provide a 24/7 service. Management accepted that other groups similar to the claimants had been given the shift allowance but argued that it was either red circled or specific to the circumstances of their case. Management expressed concern that any concession of this claim could have a wide ranging knock-on- effect within the Acute Hospital Sector. However, they did acknowledge that non ambulance service personnel are not covered by the 1978 agreement. It is management’s contention that the staff covered by this claim work an extended day as provided for under various National agreements though they acknowledged that the National agreements referenced an extended day between the hours of 8.00am and 8.00pm. Management did not dispute that the staff covered by this claim worked rotating shifts of 6.00am to 2.00pm and 2.00pm to 10.00pm.
The Union argued that it is not logical for management to state that because ICO’s are a relatively new grade they are not covered by the 1978 Agreement. Neither the Paramedic grade nor the ICO grade existed in 1978 the relevant grade was Ambulance driver and both the grade of Paramedic and ICO evolved from that grade. The 1978 agreements clearly references patient transport as well as emergency services. In relation to managements argument that the staff do not provide a 24/7 service the Unions position is that the 1978 agreement does not require a 24/7 service for the provision of a shift allowance and they drew the Court attention to paragraph 6 (a)(x) of the agreement which states: “A shift week is defined as a week in which two or more duty periods commence earlier than 8.00am or later than 12.00 noon. Where a week comprising only duty periods between 8.00am and 12 noon forms part of a recurring cycle of weeks the remainder of which consist of shift weeks it shall be regarded as a shift week”
The Unions position is that when the Bumbleance service first started up the staff worked from 8.00am to 4.00pm so the issue of a shift allowance did not arise. From May 2016 the two shifts set out above were introduced to meet the demands of the service. It is the Unions contention that in line with the 1978 agreement the payment of shift allowance falls due from that date.
Having carefully read the submissions of both parties and listened to the oral arguments put forward on the day the Court is satisfied that the ICO grade is covered by the 1978 agreement and that the agreement does not specifically require a 24/7 roster to be part of the roster before shift allowance falls due. The paragraph citied above appears to the Court to be the gateway to qualifying for the shift payment. There is no dispute between the parties as to the shifts currently being worked which include “two or more duty periods commencing earlier than 8.00am or later than 12 noon”therefore the Court recommends the payment of the shift allowance with effect from May 2016 when the new shifts were introduced.
Signed on behalf of the Labour Court
Louise O'Donnell
JD______________________
6 November 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.