Labour Court Database __________________________________________________________________________________ File Number: CD86938 Case Number: LCR11072 Section / Act: S67 Parties: NORTH WESTERN HEALTH BOARD - and - ITGWU |
Dispute concerning changes in rostering for non-nursing staff (approximately 40) employed at St. Joseph's Hospital, Stranorlar.
Recommendation:
5. The Court is of the view that in the present circumstances
pertaining in the N.W.H.B. and within the context of the
productivity/flexibility agreement, the claimants should agree to
flexibility in relation to time off required by the management in
St. Joseph's Hospital.
The Court notes the Board's commitment to the agreed repeating
roster and the undertaking given that the above mentioned
flexibility will be confined to as few occasions per annum as
possible allowing for the requirement for management to maintain
adequate staffing levels at any given time in St. Josephs
Hospital.
The Court recommends accordingly.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86938 THE LABOUR COURT LCR11072
CC861698 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11072
Parties: NORTH WESTERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning changes in rostering for non-nursing staff
(approximately 40) employed at St. Joseph's Hospital, Stranorlar.
Background:
2. The workers concerned are employed as porters and domestic
attendants. They work a 40 hour week based on a repeating roster
(two week cycle). The Board employed locums to cater for absences
due to sick leave annual leave, etc., and staff were rarely asked
to work on their scheduled days off. In the early part of 1986
due to cut-backs the Board reduced the number of locums it hired
to cover workers on leave. As a consequence some workers were
asked to work their days off at short notice and then given
alternative days off. The Union claimed this was unfair and it
wants the fixed rosters firmly adhered to except in exceptional
circumstances as per their agreement. The workers were advised to
adhere to the Board's request under protest. The Board rejected
this claim and the matter was referred to the conciliation service
of the Labour Court on 8th October, 1986. A Conciliation
conference was held on 12th November, 1986. As no agreement was
reached both parties agreed to refer the matter to the Labour
Court for investigation and recommendation. A Labour Court
hearing was held in Donegal on 24th February, 1987 a date suitable
to both parties.
Union's arguments:
3. (a) The workers, unlike ambulance drivers are not on
standby and are not compensated to be on standby, have
a right to their planned rest days.
(b) The Union objects to the Board's departure from the
roster without prior agreement and cannot accept their
unilateral right to change working conditions in this
way.
(c) The requirement to work, at short notice, on their days
off interferes with the workers' home and social life.
Board's arguments:
4. (i) The Board must have the right to roster staff to meet
the needs of the service. Particularly as the most
efficient management of resources is now essential,
Matron must be in a position to deploy the staff
available to her in a suitable manner.
(ii) There have been very few occasions when workers have
been requested by Matron to change rosters. Management
feel that very occasional requests to change are not
unreasonable particularly as it is practice for workers
to request change of roster which is granted if at all
possible.
(iii) The workers concerned have very reasonable terms and
conditions of employment and their rostering
arrangements compare very favourably with non-nursing
staff employed elsewhere by the Board.
(iv) The contract of employment which the workers concerned
received outlines that employment is on the basis of 40
hours per week with times of duty to be assigned by the
supervisor.
(v) The workers concerned are party to an agreement on
productivity flexibility for non-nursing staff. The
agreement acknowledges that "the optimum deployment of
the Boards non-nursing staff is a matter for Management
to determine." Also within the spirit of the agreement
flexibility in areas such as minor roster changes is
expected.
RECOMMENDATION:
5. The Court is of the view that in the present circumstances
pertaining in the N.W.H.B. and within the context of the
productivity/flexibility agreement, the claimants should agree to
flexibility in relation to time off required by the management in
St. Joseph's Hospital.
The Court notes the Board's commitment to the agreed repeating
roster and the undertaking given that the above mentioned
flexibility will be confined to as few occasions per annum as
possible allowing for the requirement for management to maintain
adequate staffing levels at any given time in St. Josephs
Hospital.
The Court recommends accordingly.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________________
26th March, 1987
M.D./J.C. Deputy Chairman