Labour Court Database __________________________________________________________________________________ File Number: CD88871 Case Number: LCR12295 Section / Act: S67 Parties: MEATH HOSPITAL - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim for increased annual leave for five night porters.
Recommendation:
5. Having considered the submissions made by the parties, the
Court does not find grounds for recommending concession of this
claim.
Division: Mr Fitzgerald Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD88871 RECOMMENDATION NO. LCR12295
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MEATH HOSPITAL
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim for increased annual leave for five night porters.
BACKGROUND:
2. In 1986, Sir Patrick Dun's Hospital was closed and a night
porter there was re-deployed to the Meath Hospital. The annual
leave entitlements of the night porters in the Meath is 23 days
but the porter from Sir Patrick Dun's had 25 days and carried this
with him on a personalised basis when he transferred. The other
five porters are now seeking 25 days annual leave. Management has
rejected the claim. The dispute was referred to the conciliation
service of the Labour Court on the 21st April, 1988 but no
agreement was reached at a conciliation conference on the 2nd
August (earliest suitable date) and on the 9th November the issue
was referred to the Labour Court for investigation and
recommendation. A Court hearing was held on the 8th February,
1989 (earliest suitable date).
UNION'S ARGUMENTS:
3. 1. The night porter who transferred from Sir Patrick Dun's
works as a gateman in the Meath while the others are general
porters. The night gateman who has 25 days annual leave,
actually works less hours than the general night porters who
enjoy only 23 days leave (details supplied to the Court).
2. The existence of this differential is grossly unfair,
especially when one considers that the general night men have
to relieve the gate man during absences due to illness or
holidays. There is no justification for the retention of this
anomaly and the Court is strongly urged to recommend that the
matter be rectified.
3. Most of the Dublin Voluntary Hospitals have 25 days annual
leave.
MANAGEMENT'S ARGUMENTS:
4. 1. The Meath Hospital is applying leave entitlements for
night porters that have been agreed with the unions and
approved by the Department of Health i.e. 23 days.
2. On a number of occasions the Union has sought to increase
the 23 day leave entitlement to 25 days, for all porters in
the Dublin Voluntary Hospitals. On two occasions the Labour
Court has rejected this claim (Labour Court Recommendation
9980 and 10,709 refer).
3. The Hospital cannot agree that a personalised red circled
arrangement be used as a basis to justify a general increase
in entitlements.
4. Concession of the claim would have repercussive effects
for all of the night porters employed in the Dublin Voluntary
Hospitals.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court does not find grounds for recommending concession of this
claim.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
________________________
27th February, 1989 Deputy Chairman.
D.H./J.C.