Labour Court Database __________________________________________________________________________________ File Number: CD88947 Case Number: LCR12235 Section / Act: S67 Parties: SOUTHERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of one worker concerning the Board's proposal to introduce contract cleaners in the Cork Regional Hospital.
Recommendation:
5. Having considered the long established practice of employing
casual staff when required in the Cork Regional Hospital, which
practice is the subject matter of a Union/Health Board Agreement,
the Court is of the view that the Board's proposal to introduce
contract cleaners in the out-patient department is unreasonable.
The Court recommends that the existing practice be continued and
that the casual worker presently employed be retained in that
position.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD88947 RECOMMENDATION NO. LCR12235
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SOUTHERN HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of one worker concerning the
Board's proposal to introduce contract cleaners in the Cork
Regional Hospital.
BACKGROUND:
2. In November, 1988, the Department of Health closed the Eye,
Ear and Throat Hospital and transferred its services to the Cork
Regional Hospital with in-patients being accommodated in one of
the existing wards, while a new building was built onto the
hospital itself, to cater for out-patients. On 21st October,
1988, the Board informed the Union of its intention to employ
contract cleaners in the out-patients department. This proposal
was rejected by the Union who believed that the work should be
carried out by existing staff. The Board contended that some
staff took early/voluntary redundancy instead of transferring to
the Regional Hospital and as a result there were no staff
available for the out-patients department. In these
circumstances, and in view of the government embargo on the
recruitment of additional staff, the Board feels entitled to use
contract cleaners. As agreement could not be reached at local
level the matter was referred, on 8th November, 1988, to the
conciliation service of the Labour Court. At conciliation
conferences held on 16th November and 7th December, 1988, an
interim agreement was reached allowing for the employment of two
casuals on a part-time basis of 18 hours per week pending the
outcome of 3rd party intervention. On 12th December, 1988, the
matter was referred to the Labour Court for investigation and
recommendation. A Court hearing took place on 22nd December,
1988, in Cork.
UNION'S ARGUMENTS:
3.1 The Board has refused to provide information on the price of
the contract cleaners, however, the Union estimates that the
saving generated by employing contract cleaners would be as
little as #500 to #600 per annum. This paltry sum is being
saved because the contractors pay lower rates than the Board,
offer their workers poor conditions and reduced hours
allowing the employer to avoid PRSI payments and other
obligations to both the state and the employees.
3.2 The overall staff saving in the non-nursing area has been
substantial. In the Eye, Ear and Throat Hospital up to 15
non-nursing staff were employed, only one is now employed at
the Regional Hospital. Conversely, other grades can be and
are recruited. The Board adopts a prejudiced attitude to
non-nursing staff attempting to replace them with contractors
at every opportunity.
3.3 The refusal by the Board to furnish the relevant information
to the Union can only be described as contemptuous. All
financial matters of the Board are subject to public
scrutiny, and in any event once the tender date has passed
and a contractor selected there is no need to adopt the
uncooperative attitude which the Board has done on the basis
of confidentiality.
3.4 Apart from the economic arguments, which only amount to a few
hundred pounds per year, there are other important
considerations in this case. There is the anxiety and stress
felt by the existing 116 domestic staff who feel threatened
by this proposal. Casual staff feel particularly vulnerable
as they are not permanently appointed despite being
continuously employed for up to 3 years.
3.5 The domestic staff are among the most dedicated staff in the
Hospital and have endured cut-backs over the last 2 years
with little complaint. As a result of the cuts, situations
regularly occur whereby staff who are out ill are replaced
from the casual list or by existing staff being redeployed.
This flexibility would not work if contract cleaners are
engaged.
3.6 The strength of feeling on this issue is best expressed by
the domestics' decision to withdraw their labour if contract
cleaners are engaged at the Hospital. The employment of
contract cleaners in a Hospital with approximately 1,500
employees must be seen for what it really is, the beginning
of the end of the permanent workforce.
BOARD'S ARGUMENTS:
4.1 The Board feels entitled to employ contract cleaners in a
situation where there is no staff available to be assigned to
cleaning duties in the out-patient department and where there
is a government embargo on the recruitment of additional
staff. There is no threat to the jobs of any of the existing
permanent staff of the Board. There will be no adverse
change in the conditions of employment or duties of existing
employees, who will in fact be relieved of heavy duty
cleaning.
4.2 Where the Minister allows limited recruitment of staff,
non-nursing staff will be included on a ratio basis.
Sanction was actually received for the appointment of
approximately 14 non-nursing staff on a permanent basis in
the recent government sanction.
4.3 The Board is required to live within its budget allocation.
Contract cleaning is more economical than the direct labour
method. In this year's letter of allocation, the Minister
emphasised the need for all Health Boards to make additional
use of 'contract services'.
4.4 The Labour Court has, in the past, pointed out that the issue
of "contracting out is of itself not covered in the Programme
for National Recovery" (LCR11873). The Court has also
recommended that the Union accepts the Board's proposals in
relation to contract cleaning in St Stephen's Hospital,
following the transfer of a number of patients from Our
Lady's Hospital (LCR12008).
4.5 The Board at present has a combination of direct employment
and contract cleaning in 3 hospitals. This arrangement is
acknowledged to be very satisfactory.
RECOMMENDATION:
5. Having considered the long established practice of employing
casual staff when required in the Cork Regional Hospital, which
practice is the subject matter of a Union/Health Board Agreement,
the Court is of the view that the Board's proposal to introduce
contract cleaners in the out-patient department is unreasonable.
The Court recommends that the existing practice be continued and
that the casual worker presently employed be retained in that
position.
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Signed on behalf of the Labour Court
27th January, 1989 Evelyn Owens
BO'N/PG Deputy Chairman