LCR22062

• 1. The MSLA is seeking payment for twelve Microbiology Medical Scientists at Our Lady of Lourdes Hospital, Drogheda, of the nationally agreed on-site on-call hourly rate for the service they provide.
  
  2. The MSLA is seeking retrospection of the payment to 15 November 2018 when a WRC-facilitated agreement was reached.
  
  

• 1. The Employer argued that there is no requirement for employees to remain on site while on-call, it is at the employees’ discretion and the on-site on-call rate does not apply in this case.
  
  2. The Employer argued that implementation of the WRC agreement was contingent on the outsourcing of testing to another Hospital which did not happen.

Since 2015 the Claimants involved have been required to participate in out-of-hours service. The Union stated that unlike the Biochemistry and Haematology/Blood Transfusion Scientists who are paid post-midnight at the nationally agreed hourly rate for on-site out-of-hours, the Claimants are paid a standby rate only post-midnight.

Management rejected the claim on the basis that the Claimants are paid on-site rates of pay up to midnight and an off-site standby rate post-midnight,on the basis that an on-site arrangement is not warranted as the activity levels post-midnight are minimal. Therefore, it contended that it would be uneconomical to introduce an on-site on-call arrangement. Furthermore, it argued that the claim was cost-increasing and therefore precluded under the Public Service Stability Agreement.

Management stated that it was satisfied that the present standby arrangements post-midnight meet the turn-around times required for Microbiology testing. The Union dispute this assertion and maintain that the deficit in service for blood cultures analysis post-midnight is rated “red” on the Hospital risk register for the Laboratory service.

With reference to the WRC 15^thNovember 2018 agreement, Management stated that it was contingent on outsourcing the laboratory tests post-midnight to an alternative location, which did not materialise. Therefore, the commitment to cease the off-site, on-call arrangement was based entirely on the ability to outsource the post-midnight activity. It has since been decided that clinically some of this work (blood cultures analysis) must be done on site and on that basis that service must be introduced with immediate effect. However, Management was of the view that this requirement can be met by the current arrangement. It stated that the level of activity is not sufficient to incur the significant costs that accompany such a change. Management also stated that it is prepared to keep the situation under review and if the requirement changes it is prepared to move to an on-site on-call arrangement if the level of call-outs increases to a level that would make it commercially viable to do so and depending on approval at Hospital Group Level and resources.

Having considered the submissions of both sides, while the Court takes the view that the running of the Hospital is a function of Management, however, where it impacts on the employment-related interests of staff, the Court must find an industrial relations basis upon which the dispute can be resolved. However, this case raises issues which are outside the scope of the Court’s field of expertise. Therefore, the Court recommends that the parties should agree on an external professional person or body with expertise in the provision of Microbiological services within a hospital setting to review the service within the Hospital in Drogheda for the period from 1^stNovember 2018 to 31^stJuly 2019 and the focus of which should be to determine whether or not an on-site on-call service after midnight is objectively required. This exercise should have regard to the current overall Laboratory service operating in the Hospital, the clinical needs of the Microbiology service and the optimal use of resources. This exercise should be finalised by not later than 30^thNovember 2019.


The Court recommends that the Union’s claim should be considered following the completion of the expert’s report.

The Court so Recommends.



Signed on behalf of the Labour Court



Caroline Jenkinson
FMc______________________
31st July 2019Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Fiona McCarthy, Court Secretary.