FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE DUBLIN MID-LEINSTER (MIDLAND REGIONAL HOSPITAL) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Failure by Management to honour agreement on staffing levels and payment of acting allowance in Radiography Department at Midland Regional Hospital
BACKGROUND:
2. The issue before the Court concerns a claim by the Union that there has been a failure by Management to provide the requisite and mutually agreed staffing levels within the Radiography department at the new Midlands Regional Hospital. In 2007 the Union wrote to Management seeking to discuss the move to the new Hospital and the requirement for extra staff for the new larger Radiography Department. Discussions were ongoing between the parties. With the assistance of an external Facilitator, final agreement was reached between the parties on recruitment. The Union are seeking that the mutually agreed staffing level and requisite staffing structure would be honoured. The HSE position is that it is precluded from honouring the agreement brokered due to the Government Moratorium on recruitment and promotion within the Public Sector.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 22nd January, 2010 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st June, 2010.
UNION'S ARGUMENTS:
3. 1 While Management has recognised that the demands on the services of the Radiography Department have never been higher and that the staffing level is of serious concern, it has done nothing to stem the demands on Radiographers.
2 As a last resort the workers concerned have had to reduce the availability of their service within the Department which is further exacerbating local tensions within the hospital.
MANAGEMENT'S ARGUMENTS:
4. 1 Management conducted negotiations with the Union in good faith at all times. The strict controls on Government spending that have had to be introduced and the provisions of the HSE Circular 015/2009 gave full effect to the Moratorium on Recruitment and Promotions within the Public Service.
2 Management cannot depart from the provisions of Circular 015/2009.
RECOMMENDATION:
There is no dispute between the parties on the existence of a valid agreement providing for an agreed staffing level of Whole Time Equivalent radiographer posts at Midland Regional Hospital Tullamore. It is also accepted that the current staffing at the hospital is significantly below that number.
The HSE contend that its inability to implement the agreement arises solely from the moratorium on recruitment and promotions in the Public Service. The union contends that the full rigors of the moratorium have recently been relaxed and that scope now exists to implement the Agreement.
The Court recommends that the parties should now explore further the possibility of implementing the agreement within the parameters of the moratorium as modified. In the interim the parties should have further discussions with a view to identifying practicable alternative or temporary means of ameliorating the effects of the current staff shortfall in the radiography Department.
Signed on behalf of the Labour Court
Kevin Duffy
18th June, 2010______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.