Labour Court Database __________________________________________________________________________________ File Number: CD89259 Case Number: LCR12420 Section / Act: S67 Parties: ROTUNDA HOSPITAL - and - LOCAL GOVERNMENT AND PUBLIC SERVICES UNION |
Claim, by the Union for the creation of a post of principal biochemist at the hospital.
Recommendation:
5. Having considered the submissions made, the Court is of the
opinion that the biochemist qualifies for senior grade under the
terms of the Department of Health Circular S102/12. The Court
therefore recommends that he be promoted to senior grade and the
question of his claim for principal grade held over until the
review of Pathology Services in the group of hospitals is
completed.
Division: Mr O'Connell Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD89259 RECOMMENDATION NO. LCR12420
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROTUNDA HOSPITAL
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
SUBJECT:
1. Claim, by the Union for the creation of a post of principal
biochemist at the hospital.
BACKGROUND:
2. Department of Health Circular S102/12, issued in January, 1987
set out the following grading structure:
"Schedule B - Grading Structure - to be implemented
from a current date
1. Major and Multi Disciplinary Laboratories
Principal Grade - A biochemist in charge of a biochemistry
division; or a biochemistry section where a total of at least
3 biochemists are employed; or in charge of a specialised
division; or engaged solely in work of a specialised nature;
or
2. Major and Multi Disciplinary and Smaller Laboratories
Senior Grade - A biochemist in charge of a smaller laboratory
or a section where at least one other biochemist is employed;
or a biochemist working single handed in a smaller hospital.
In a biochemistry department there should be a ratio of 1
senior post to every 1 basic grade employed. Any additional
promotional post created under this criterion should be at the
level of senior biochemist.
In exceptional circumstances, where the holder of a basic
grade post is carrying out individual specialised work
demanding a high degree of responsibility and technical skill
the post could be upgraded to senior level. Claims for
upgrading a post on this basis should be the subject of
examination by the employing authority and also subject to the
specific approval of the Department of Health.
The existing academic and service qualifications continue to
apply."
The Rotunda Hospital at that time employed:
1 Laboratory Director
1 Senior Biochemist
1 Senior Laboratory Technician
1 Basic Biochemist
Its approved compliment of biochemists was one senior biochemist
and one basic biochemist. In February, 1987, the Union served a
claim which referred to the circular and stated:
"The schedule on grading has implications for the structure in
your hospital, and I would appreciate confirmation from you
that a post of Principal Biochemist will be created."
There were no developments for some time and in February, 1988,
the matter was referred to the conciliation service of the Labour
Court. The hospital then wrote to the Union stating:
"We are not of the opinion that circular S101/12 when applied
to this hospital would result in the creation of an
additional post of Principal Biochemist."
No progress was made at local level meetings or at a Labour Court
conciliation conference held on 16th November, 1988. In April,
1989, both parties agreed to a referral of the matter to the
Labour Court and the matter was referred on 14th April, 1989. A
Court hearing took place on 9th May, 1989.
UNION'S ARGUMENTS:
3. 1. The person holding the senior biochemist post retired in
May, 1987, and has not been replaced. The "basic" grade
biochemist has in the interval worked "single-handed" and
taken sole charge of the laboratory.
2. The biochemistry laboratory currently performs 35,000
tests per year with a very fast turn around time (typically
less than one hour). In addition to general biochemistry the
laboratory also performs some specific maternal and paediatric
tests. Neonatal biochemistry is work of a specialised nature
and deals with:-
- very small sample volumes with a large number of
requests per sample (up to 10)
- different reference ranges to general laboratories.
3. The biochemistry laboratories in the other two Dublin
Maternity Hospitals, The Coombe and Holles Street are broadly
similar in size, and the biochemists in charge are graded at
"Principal" level. The biochemist in the Rotunda is the only
one in the country working single handed who is still graded
at basic level.
4. Even under the "old" criteria, a biochemist working
single-handed would automatically be graded at least at senior
level. The Union does not understand why the Hospital is
insisting that the current post holder should be denied
upgrading at least to senior level pending a joint assessment
of the claim for principal grading.
5. The Union is quite satisfied that on the basis of the
criteria set out in circular S102/12 the post in the Rotunda
merits principal grading.
6. The Union is prepared to co-operate with any independent
assessment that might be recommended.
HOSPITAL'S ARGUMENTS:
4. 1. The Union's claim rests on the interpretation of
Department of Health Circular No. S102/12 which sets out the
grading structure for biochemists. The structure consists of
three levels of biochemist - basic, senior and principal.
Having examined the criteria set out in the circular the
Hospital does not find grounds to change its current
organisational structure and does not accept that there is any
justification for creating a post of principal or upgrading
the current basic biochemist post to senior or principal
grade.
2. The current holder of the basic biochemist post applied to
the Laboratory Director in 1987 to have his post upgraded to
that of principal biochemist under the terms of Circular No.
S102/12. This claim was rejected because his duties do not
meet the criteria set out for regrading to either senior or
principal grade biochemist.
3. When the then senior biochemist retired in March, 1987, she
was not replaced full-time. However, arrangements were made
with a doctor at St. James' Hospital that he would attend the
Rotunda Hospital Biochemistry Department as required.
Historically, there has been a long-standing relationship
between the Rotunda Hospital Pathology Department, Trinity
College, Dublin, Sir Patrick Dunn's and more recently the
Central Pathology Department in St. James' Hospital. Within
this framework this doctor has been continuously consulted by
the medical laboratory staff and clinical staff of the Rotunda
Hospital. This was particularly so in relation to the
endocrinology service, dating from 1975. The consultations
have covered a very full spectrum ranging from details of
individual patient care, matters concerning laboratory
equipment, up-date and future policy in relation to current
talks of rationalisation of the Dublin northside hospital
laboratories. In the light of this degree of involvement, the
Laboratory Director, recommended to the Board of Governors
that the relationship of the above mentioned doctor with the
laboratory be formalised by appointing him honorary consultant
chemical pdathologist to the Hospital. This offer was
accepted. As part of his honorary position he has agreed, in
addition to the role already described above, to attend the
laboratory for the purpose of review of day to day conduct of
the Biochemistry Department.
4. A further issue to be taken into account is the formation
of a review group comprised of representatives of the Rotunda,
Mater, Temple Street and Cappagh Hospitals to examine a case
for the rationalisation of pathology services in these
hospitals. The case for regrading a post or increasing the
staff complement in the Rotunda Pathology Laboratory
irrespective of criteria set out in Circular S102/12 would not
be justified while the rationalisation study is being
undertaken.
RECOMMENDATION:
5. Having considered the submissions made, the Court is of the
opinion that the biochemist qualifies for senior grade under the
terms of the Department of Health Circular S102/12. The Court
therefore recommends that he be promoted to senior grade and the
question of his claim for principal grade held over until the
review of Pathology Services in the group of hospitals is
completed.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
26th May, 1989. Deputy Chairman
A.K./J.C.