FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EXECUTIVE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Hospital On-Call Arrangements
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 could not be reached at the Conciliation Conference, the dispute was referred to the Labour Court on the 19th July 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 25th October 2019.
3.UNION ARGUMENT:
- 1. The Union is seeking the inclusion of carpenters on the emergency on-call craftworkers roster in the Maintenance Department of the Midland Regional Hospital, Tullamore.
- 1. The Employer argued that due to the fact that the carpentry work required was non-emergency work, it could not justify the cost of adding carpenters to the emergency on-call craftworkers roster in the Maintenance Department of the Midland Regional Hospital, Tullamore.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
It is clear to the Court that the annual incidence of call out of carpenters is so minimal as to mean that it would, on the face of the matter, be unreasonable to recommend concession of the within claim. The Union has however submitted that many of the call outs which occur are proper to carpenters rather than plumbers or electricians and has submitted that, were carpenters added to the roster, there would be no increase in the level of call out overall.
The Court is unable to evaluate this submission of the trade union and is unaware of any possible implications were this submission to be found to be reflective of reality.
The Court therefore does not recommend concession of the claim but does recommend that the detail of the events leading to call out should be accurately captured in every incidence of call out between 1stJanuary 2020 and 31st December 2020 so that the parties will be in a position to review matters in 2021 against the background of a clear record of call outs over a 12 month period and the specific event that gave rise to each call out.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
FMc______________________
29 October 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fiona McCarthy, Court Secretary.