Labour Court Database __________________________________________________________________________________ File Number: CD87292 Case Number: LCR11272 Section / Act: S67 Parties: ST. AUGUSTINE'S SCHOOL - and - FWUI |
Dispute concerning the alteration of canteen facilities for care staff.
Recommendation:
5. The Court is concerned at the obvious bad industrial relations
which exist in the School. The Court further considers that the
question of the location at which coffee breaks are taken is one
which should be capable of resolution at local negotiations.
The Court recommends that the existing practice of the child care
workers taking their coffee break at the main house should
continue and that both parties agree to establish consultation
procedures that will ensure that such situations will not develop
in the future. With such procedures in place the issue of coffee
break location should be capable of resolution.
Division: Ms Owens Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87292 THE LABOUR COURT LCR11272
CC87309 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11272
Parties: ST. AUGUSTINE'S SCHOOL
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Dispute concerning the alteration of canteen facilities for
care staff.
Background:
2. The School comprises a central administrative area which
contains a canteen which is available to all workers. Beside the
canteen is a rest room which is used by the care staff workers for
their morning and afternoon coffee breaks. These workers work in
hostels or chalets located in the grounds in the immediate
vicinity of the administration block. In January the workers were
informed by Management that they should in future take their
coffee breaks in their immediate work areas. This arrangement was
not acceptable to the workers concerned. A meeting was held
between the Management and the Union at which no agreement was
reached. The matter was referred to the conciliation service of
the Labour Court on 16th February, 1987. A conciliation
conference was held on 8th April, 1987. As a resolution to the
dispute was not possible both parties agreed to a referral to the
Labour Court for investigation and recommendation. A Labour Court
hearing was held on 11th June, 1987.
Union's arguments:
3. (a) The coffee breaks for the care staff workers have
always been taken in the administration area, away from
their actual workplace. It is a well established
practice that these workers because of the stressful
nature of their work (details supplied to the Court)
need to have a break away from their actual workplace.
(b) Management has argued that they now need the room as a
waiting room for visitors and that it was over crowded.
There are other rooms which could be used as a waiting
room. There is no overcrowding and even if there was
the workers would agree to stagger their breaks as they
have done in the past.
(c) The reasons put forward by Management do not stand any
scrutiny or close examination and in fact, are
completely contradictory. The Union would ask the
Court therefore to uphold the normal rights of the
workers in this instance and find that their rest room
facilities should be restored to them.
Management's arguments:
4. (i) Several staff categories, within St. Augustine's, take
morning and afternoon breaks at their own work location
and it is hardly unreasonable to assume that care staff
would have little difficulty following suit. Care
staff are the final grouping in this decentralisation
process. Teachers, instructors, catering staff and
housekeepers already take their coffee breaks at their
work location.
(ii) The coffee room in the main house has been identified
by Management as a waiting facility for parents and
visitors to the School. The original waiting room in
the main house was converted into an office.
(iii) Management's decision facilitate staff re-deployment
within the catering department i.e. two kitchenette
assistants who heretofore had provided the coffee
facilities within the main house can now be rotated
between the main kitchen and canteen/coffee room in the
main house. This is a favourable arrangement from
Management's viewpoint particularly having regard to
budgetary constraints.
RECOMMENDATION:
5. The Court is concerned at the obvious bad industrial relations
which exist in the School. The Court further considers that the
question of the location at which coffee breaks are taken is one
which should be capable of resolution at local negotiations.
The Court recommends that the existing practice of the child care
workers taking their coffee break at the main house should
continue and that both parties agree to establish consultation
procedures that will ensure that such situations will not develop
in the future. With such procedures in place the issue of coffee
break location should be capable of resolution.
~
Signed on behalf of the Labour Court
Evelyn Owens
___2nd____July,____1987. ___________________
M. D. / M. F. Deputy Chairman