FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WEST - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. On-call rosters for Ambulance Drivers in Roscrea Station
BACKGROUND:
2. The dispute refers to the rostering of staff in Roscrea Ambulance Station and in particular to the matter of on-call cover. The Union claims that the on-call service raises safety issues for its members and that management imposed a new roster unilaterally.
Prior to July, 2009, there were two rosters in operation in Roscrea. One was undertaken by four Paramedics who worked 39 hours per week plus 12 hours on-call over a four-week period. This was an agreed roster since 2002. In 2008 this roster was changed by agreement from on-call on Saturday and Sunday to on-call 4.00 a.m. - 8.00 a.m.on Tuesday, Wednesday and Thursday. There was also a second interim roster which involved a Nurse working on-call 51 hours per week. This Nurse retired in May, 2009, and the Union claims that management then imposed her on-call hours on other staff. The Union is seeking the elimination of on-call. It made a number of suggestionsto management as alternatives to on-call but these were rejected. Management's case is that there has already been a huge reduction in on-call over the last few years and that it intends eliminating it completely when possible.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 27th August, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th August, 2009.
UNION'S ARGUMENTS:
3. 1. A deterioration of response times to emergency situations will occur as a result of on-call. This situation is exacerbated by the fact that some staff live up to 50 miles away.
2. Management accepts that on-call poses a serious Health and Safety issue.
3. The Union suggested utilising an existing 24-hour slot on the advanced Paramedic roster whereby they revert to Paramedic duties as a solution to the on-call issue but this was rejected by management.
HSE'S ARGUMENTS:
4. 1. The on-call commitment in Roscrea has reduced from 258 hours per week in 2002 to 24 hours per week in 2009.
2. There have been very few call-outs (approximately 11) in the 4.00 a.m. - 8.00 a.m. slot over the last 12 months. Management does not believe that this poses a health & safety risk.
3. Management did not impose any roster on staff. It was an agreed roster and and staff applied for the permanent rostered positions.
RECOMMENDATION:
The dispute before the Court concerns the rostering of staff in Roscrea Ambulance Station. The Union disputed management’s decision to impose a new roster without agreement in the Station. Management on the other hand held the view that the roster had been agreed, with some slight alteration, since 2002. This roster included 39 hours work and 12 hours on-call on Tuesdays, Wednesdays and Thursdays nights. The Union stated that on-call needs to be completely eliminated and consequently objected to the roster.
The Court notes the letter from management to the Union dated 28th May 2008 which shows the Union’s agreement to Emergency Medical Technicians in the Mid-West Area being required to work an average of 39 hours with on-call working hours from 4.00 a.m. to 8.00 a.m. on Tuesdays, Wednesdays and Thursdays nights. However, in May 2009, due to the retirement of a Nurse who had been working the majority of the on-call hours in the Service, the Union objected to some of the on-call hours being included in the Paramedics rosters.
Furthermore, the Court notes management’s aspiration to eventually eliminate on-call working in Roscrea Ambulance Station and in that regard such working has been reduced from 258 hours to 24 hours per week since 2002.
Having considered the submission of the parties, the Court is of the view that the matter of on-call working in Roscrea Ambulance Station needs further examination. Therefore, the Court recommends that the parties should enter into dialogue on this matter, taking account of resources available to the HSE; practices in other Ambulance Services and the planned phasing out of on-call working arrangements. While these discussions are ongoing the Court recommends that thestatus quoshould remain.
The Court recommends that the discussions should be completed by no later than the end of October, 2009.Any outstanding matters should be jointly referred back to the Court for a definitive Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th September, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.