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2002

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LCR17365

FULL RECOMMENDATION

CD/02/484
RECOMMENDATIONNO.LCR17365
(CC02/4635)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
OUR LADY'S HOSPITAL FOR SICK CHILDREN
IRISH BUSINESS AND EMPLOYERS' CONFEDERATION

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
SUBJECT:
1. Cat Scan on-call service in x-ray department .


BACKGROUND:

2. The hospital has a CT (cat scan) which radiographers operate Monday to Friday on a 2-shift rota. Presently, the CT is operational weekdays on a 1st and 2nd rota operated by fifteen and a half radiographers. The hospital endeavoured to introduce a weekend on call rota so that they can operate the CT service at weekends.

The radiographers are looking for time off in lieu for carrying the bleepers on the weekends they are on call. Radiographers want a day off in lieu for each day at the weekend they are on call, therefore they want two days in lieu for carrying the bleepers on the weekends they are rostered.

The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission on the 28th of August, 2002. The hospital made an offer of a half day in lieu for carrying the bleeper. The Industrial Relations Officer suggested a three month review be tied into this offer.

As agreement could not be reached, the matter was referred to the Labour Court on the 9th of September, 2002 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th of December, 2002


UNION'S ARGUMENTS:


3. 1. In order to cover all three rotas, twenty full time equivalent radiographers are required.

2. To carry a bleeper staff can only partake in limited activities at weekends and must ensure that they have childcare/domestic arrangements in place.

3. The merging of the two on call rotas will effectively lead to the radiographers being available to cover emergency CT calls for this period.

4. An entitlement of two days off in lieu for carrying the bleeper is required, regardless of whether staff are called in or not.






THE HOSPITAL'S ARGUMENTS:

4. 1. In a concession made to resolve the matter the hospital has offered additional time off in lieu over and above the National Agreement.

2. All claims raised by the Union in relation to a CT on call system have been conceded, except the claim for substantial time off in lieu of being on call, even if staff are not called in. Staff also receive an on-call allowance for time spent on call.

3. The additional time off in lieu for being on call is not the norm in the Dublin teaching hospitals.

4. The claim, if conceded will be economically unsustainable for the hospital and could lead to knock-on claims in other hospitals.

5. Concession of the claim, in respect of the third on call roster will be additional to the time in lieu, already granted in respect of the 1st and 2nd roster.

6. The staff will be provided with a long range bleeper, which is quite audible and they will receive an hours notice of a call in.









RECOMMENDATION:

The Court after consideration of the arguments presented, recommends that the Management offer of the 28th of August 2002, made at the Labour Relations Commission, be accepted, subject to the proposed six month review.



Signed on behalf of the Labour Court



Finbarr Flood
17th December, 2002______________________
CMCMChairman



NOTE

Enquiries concerning this Recommendation should be addressed to Carmel McManus, Court Secretary.




 
 
 
 
 
 
 
 
 

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