FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AGEMO SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Hearing Arising From Lcr19324
BACKGROUND:
2. The case before the Court refers back to Labour Court Recommendation No. 19324. The issue between the parties concerning breaks remains unresolved. Although the Clinics run by the Irish Blood Transfusion Service are open for 4 hours, there is substantial work pre and post the Clinic. The average working day is 10.5 hours according to the Union. The Donor Attendants are entitled to a half hour meal break on a rotational basis during the Clinic's opening hours in accordance with an agreement between the parties concluded in 2002. The IBTS argues that this results in bed closure and a longer period of time at the clinic for the donor. Following discussions between the parties two new systems of breaks were proposed by the Union and put on trial in one location. The first new systems consisted of a 10 minute break before the Clinic started and 20 minutes during the Clinic and the second consisted of a 15 minutes break before the Clinic and 15 minutes during the Clinic. Concerns were raised by both staff and management about the breaks on trial. The Company proposed an alternative break structure which was rejected by the Union. It is the Unions argument that there is not enough time for the Donor Attendants to have a proper main meal of the day and that inadequate rest periods can lead to serious consequences regarding the safety and welfare of the donors and the staff. The Company contends that its aim is to make sure the donor is no more than an hour at the clinic and that this will result in reducing the unnecessarily long working day for staff.
The dispute was referred to the Labour Court on the 30th June, 2009 in accordance with Section 20(2) of the Industrial Relations Act, 1969 and both parties agreed to be bound by the Recommendation. A Labour Court hearing took place on 26th August, 2009.
UNION'S ARGUMENTS:
3. 1 The majority of shifts are evening and night shifts starting generally at lunch time and often finishing after midnight. With this schedule and under the new system of working Donor Attendants feel more fatigued as their job has intensified and hence the need for a meal break more than ever.
2 The IBTS insist that the main reason for changing the operation of the Clinic is to address the time it takes the Donor to get through the Clinic. When in fact it is to reduce the hours worked by the Union's members and add more financial burden to the workforce.
3 The IBTS have a duty of care to the general public who volunteer to give blood and to its workforce. The donor and recipient would be much better served when the IBTS staff who looks after them, have their break times during the Clinic and not at the start and end of the Clinic.
COMPANY'S ARGUMENTS:
4. 1 The IBTS wishes to find an alternative way of giving staff a meal break at a time that will avoid the closure of beds when the Clinic is open. To achieve this, the Service proposes to schedule a break before the Clinic opens or after it, or a combination of both.
2 The objective of the IBTS proposal is to have all beds open while the public is present at the Clinic and to offer a more efficient through put system for individual donors. This can only be achieved by the cessation of the practice of rotational breaks within the Clinic opening times.
3 Both the Union and IBTS recognise the potential for loss of earnings if Clinic's were to take a shorter period of time. The IBTS does not accept the Union's estimate of what the loss of earnings would be. The IBTS believes it will be able to give staff more shifts thereby limiting or avoiding any loss.
RECOMMENDATION:
In the spirit of LCR 19324 dated 2nd September 2008 with specific regard to the requirement to agree and implement the necessary level of on-going change to obtain greater efficiency, both the Trade Union and the Service should quickly agree and implement after a trial period which should be no longer than 4 weeks and should only take place if absolutely necessary, a reconfigured system of breaks with no bed closures for the Donor Attendants who operate the mobile clinics concerned without further delay. The Court notes management proposals to negotiate compensation for any loss of earnings incurred.
Any other changes in work practices envisaged should be the subject of further consultation and agreement in the normal process of negotiation.
Signed on behalf of the Labour Court
Raymond McGee
29th September, 2009______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.