Labour Court Database __________________________________________________________________________________ File Number: CD88160 Case Number: LCR11801 Section / Act: S67 Parties: WESTERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Provision of uniforms.
Recommendation:
5. The Court considers that it is reasonable on hygiene and other
grounds for all porters to wear the white jackets as required by
the Hospital. The issue of green jackets and suits should
therefore cease. However the porters who were granted the
continuation of the supply of uniforms in 1984 should continue to
receive one pair of shoes and one pair of trousers each year.
Division: CHAIRMAN Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88160 RECOMMENDATION NO. LCR11801
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WESTERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Provision of uniforms.
BACKGROUND:
2. Prior to 1983 porters at the Regional Hospital, Galway were
provided with a casual style uniform. In 1983 it was decided that
all porters appointed in future would be issued with the accepted
porters uniform, a white coat. In July, 1987 the Employer decided
that in future all porters would be required to wear a short white
coat with a green collar which is the standard uniform for porters
in all the Boards other hospitals. The Union, on behalf of twenty
five porters, lodged a claim with the Employer for the retention
of the old style uniform. The Employer rejected this claim and,
as agreement could not be reached at local level, the matter was
referred to the conciliation service of the Labour Court. No
settlement was reached at conciliation conferences held on 7th
October, 1987, 12th November, 1987 and 17th February, 1988 and the
matter was referred to the Labour Court for investigation and
recommendation. A Court investigation into the dispute was held
in Galway on 29th March, 1988.
UNION'S ARGUMENTS:
3. 1. The provision of uniforms and shoes has been the
practice since at least 1939. This practice was continued
when the Western Health Board took over responsibility for the
running of the hospitals. In 1983, when management decided to
withdraw this entitlement for future employees, they agreed
that those porters enjoying this benefit should hold it.
Management are now unilaterally removing this long-standing
benefit.
2. The problem of irregularity of dress has only arisen
since the decision not to issue newly appointed porters with
uniforms.
3. Another group of workers, the security personnel, have
been issued with uniforms although previously this was not the
practice.
3. 4. Porters working in certain areas would not be
sufficiently protected by a white coat and it is therefore
necessary that they are provided with the proper clothing for
these duties.
5. This unilateral withdrawal of uniforms is not only
unfair but also amounts to a real financial loss to the
workers as it will be necessary for them to provide clothing
and shoes to carry out their duties.
BOARD'S ARGUMENTS:
4. 1. Portering assignments vary within the hospital. It is
very difficult, and is some cases impossible, to carry out
these duties while wearing the type of uniform preferred by
the porters.
2. The white coat is the recognised apparel worn by staff
caring for the ill. This includes porters in other hospitals.
Any soiling of the coat is easily noticed and the coat can be
laundered immediately and a clean replacement supplied. The
coat is retained at the hospital and this eliminates the risk
of contamination from outside. However the wearing of formal
clothes does not have these benefits. They increase the risk
of infection and cross-infection and do not meet with
acceptable levels of clinical hygiene.
3. It is essential for security purposes that the type of
uniform identifies the grade of the wearer to the other staff
and to the public. The old uniform did not do this. Ordinary
casual clothes have been worn as well as the old styles of
uniform. This position is not acceptable to the Board.
4. 4. The supply of a uniform is not a condition of employment
of any porter at the regional hospital. The Board will supply
and launder free of charge the proper uniform for all porters
at the Regional hospital. Nurses attendants and porters may
claim a standard tax-free allowance for the provision of
uniforms which is designed to compensate for the accepted
legitimate expense of providing uniforms. There is no
additional expense arising which is not compensated for
adequately by the tax relief system.
5. The Board does not accept that there is any right to
compensation if the Union was to pursue such a claim.
6. It is the right and the responsibility of the hospital
authorities to ensure that the most appropriate type of
uniform is worn in the interests of patient care and security.
Any small saving in the provision of white coats instead of
full uniforms would go some way towards the protection of
employment at the hospital at this time of cutbacks.
7. Concession of this claim would have serious repercussive
effects throughout the Health Service.
RECOMMENDATION:
5. The Court considers that it is reasonable on hygiene and other
grounds for all porters to wear the white jackets as required by
the Hospital. The issue of green jackets and suits should
therefore cease. However the porters who were granted the
continuation of the supply of uniforms in 1984 should continue to
receive one pair of shoes and one pair of trousers each year.
~
Signed on behalf of the Labour Court
John M Horgan
21st April, 1988 ---------------
R.B./U.S. Chairman