Labour Court Database __________________________________________________________________________________ File Number: CD89664 Case Number: AD8973 Section / Act: S13(9) Parties: OUR LADY'S HOSPITAL CRUMLIN - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Appeal by the Union against Rights Commissioner's recommendation No. C.W. 129/89 concerning the preparation and delivery of trays/trolleys (refreshments) for hospital requirements outside of the kitchen/canteen area.
Recommendation:
I recommend that the kitchen and/or canteen household staff
accept the disputed task on the basis that management offers
a special allowance of #12 per week to the worker concerned,
either named or on a rotational basis".
The recommendation was accepted by both parties and the new
arrangement commenced in June, 1989. The union appealed the
recommendation on 15th September, 1989 on the grounds that since
the introduction of the new arrangement the number of trays and
trolleys requested have increased substantially. The increased
requirement is causing anxiety to the workers concerned. The
Court heard the appeal on 16th October, 1989.
UNION'S ARGUMENTS:
3. 1. The Rights Commissioner in his recommendation stated "In
the interests of efficiency I believe that the hospital should
strive to minimise the frequency in which the disputed service
is provided". Figures supplied to the Court during
discussions in March 1989 will confirm that during the period
9th February, 1989 to 28th February 1989 there was a total of
twelve meetings requiring service. Since the introduction of
the new arrangement in June, 1989, up to and including 2nd
October, 1989, a total of one hundred and forty trays and
trolleys have been prepared (advance orders). Additional
orders for forty (approx) trays and trolleys were made by
phone.
2. Workers involved in the duties have major difficulties
in providing the service. They have various other duties to
carry out in their daily work routine. The increased service
being requested is putting additional pressure on the workers
concerned.
3. Both parties should renegotiate the implementation of
the Rights Commissioner's recommendation. An increase in the
twelve pound allowance as recommended by the Rights
Commissioner is not being sought.
COMPANY'S ARGUMENTS:
4. 1. There has been no increase in the number of requests for
tray/trolley service. A comparison of the four month period
of operation of the new arrangement in 1989 with the same
period in 1988 shows no change in the level of requests i.e.
MONTH 1988 REQUESTS 1989 REQUESTS
June 33 22
July 18 25
August 21 29
September 34 30
___________ _______ ______
TOTAL 106 106
___________ _______ ______
2. Our Lady's is the only hospital to pay an allowance to
its domestic workers for the provision of refreshments outside
of the kitchen/canteen area. This work is routinely carried
out in other hospitals without any additional remuneration.
4. 3. The overall workload of workers concerned with the claim
has reduced considerably in recent times. The number of
patient meals has reduced by approximately twenty six per cent
over the last two years. The number of staff availing of
meals has reduced by nineteen per cent over a similar period.
This is against a background of no corresponding reductions in
staffing levels.
DECISION:
5. Having carefully considered the submissions and arguments of
the parties the Court does not find grounds to recommend the
renegotiation of the implementation of the Rights Commissioners
recommendation.
The Court so decides.
Division: CHAIRMAN Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD89664 APPEAL DECISION NO. AD7389
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: OUR LADY'S HOSPITAL CRUMLIN
(Represented by The Federation of Irish Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
recommendation No. C.W. 129/89 concerning the preparation and
delivery of trays/trolleys (refreshments) for hospital
requirements outside of the kitchen/canteen area.
BACKGROUND:
2. The Rights Commissioner's recommendation issued in May, 1989
following a dispute in the hospital concerning arrangements for
the preparation and delivery of light refreshments for
requirements outside of the canteen area. This dispute was the
subject of a Labour Court hearing and a recommendation (No.
LCR12311) which issued in March, 1989, was rejected by the workers
concerned. Following further meetings involving the Irish
Congress of Trade Unions, the Irish Transport and General Workers
Union, the Department of Health and the parties involved with the
dispute, the following proposals emerged:-
1. The parties agreed that the undernoted issues be
referred to a Rights Commissioner under the Industrial
Relations Act, 1969.
2. The Rights Commissioner shall examine the work of the
staff in the kitchen and canteen areas and shall
recommend upon the tasks to be carried out by each
category.
3. The Rights Commissioner shall be assisted by a
representative of both ICTU and FUE.
4. The parties are agreed that volunteers from the kitchen
and canteen areas will carry out the work at issue
pending the operation of the terms of the Industrial
Relations Act, 1969.
5. There will be a resumption of normal work by all
employees and all suspension shall be lifted.
6. A working party composed of representatives of
Management, the Department of Health, ICTU and the IT &
GWU should be established with an independent
Chairperson to draw up proposals for the improvement of
industrial relations generally in the hospital.
The Rights Commissioner assisted by an official of the F.I.E. and
the I.T.G.W.U. investigated the dispute on the 19th, 24th and 25th
May, 1989. His conclusions and recommendation which issued on
29th May, 1989 are as follows:-
"Conclusions
The tasks performed by every individual worker are well
ordered and defined and are not in dispute. The "trolley"
task is one that could be performed by any worker in the
kitchen and canteen area.
The perceived cause of the dispute was the apparent
unilateral change by management of some duties from the
cooks to kitchen household staff.
Managements right to manage must be accepted by the union
side.
In the interests of efficiency I believe that the hospital
should strive to minimise the frequency on which the
disputed service is provided.
I have based my recommendation on the fact that the duties
performed by all three categories of workers (cooks, canteen
assistants, household staff, both kitchen and canteen) have
some overlap in the tasks which they perform.
Recommendation
I recommend that the kitchen and/or canteen household staff
accept the disputed task on the basis that management offers
a special allowance of #12 per week to the worker concerned,
either named or on a rotational basis".
The recommendation was accepted by both parties and the new
arrangement commenced in June, 1989. The union appealed the
recommendation on 15th September, 1989 on the grounds that since
the introduction of the new arrangement the number of trays and
trolleys requested have increased substantially. The increased
requirement is causing anxiety to the workers concerned. The
Court heard the appeal on 16th October, 1989.
UNION'S ARGUMENTS:
3. 1. The Rights Commissioner in his recommendation stated "In
the interests of efficiency I believe that the hospital should
strive to minimise the frequency in which the disputed service
is provided". Figures supplied to the Court during
discussions in March 1989 will confirm that during the period
9th February, 1989 to 28th February 1989 there was a total of
twelve meetings requiring service. Since the introduction of
the new arrangement in June, 1989, up to and including 2nd
October, 1989, a total of one hundred and forty trays and
trolleys have been prepared (advance orders). Additional
orders for forty (approx) trays and trolleys were made by
phone.
2. Workers involved in the duties have major difficulties
in providing the service. They have various other duties to
carry out in their daily work routine. The increased service
being requested is putting additional pressure on the workers
concerned.
3. Both parties should renegotiate the implementation of
the Rights Commissioner's recommendation. An increase in the
twelve pound allowance as recommended by the Rights
Commissioner is not being sought.
COMPANY'S ARGUMENTS:
4. 1. There has been no increase in the number of requests for
tray/trolley service. A comparison of the four month period
of operation of the new arrangement in 1989 with the same
period in 1988 shows no change in the level of requests i.e.
MONTH 1988 REQUESTS 1989 REQUESTS
June 33 22
July 18 25
August 21 29
September 34 30
___________ _______ ______
TOTAL 106 106
___________ _______ ______
2. Our Lady's is the only hospital to pay an allowance to
its domestic workers for the provision of refreshments outside
of the kitchen/canteen area. This work is routinely carried
out in other hospitals without any additional remuneration.
4. 3. The overall workload of workers concerned with the claim
has reduced considerably in recent times. The number of
patient meals has reduced by approximately twenty six per cent
over the last two years. The number of staff availing of
meals has reduced by nineteen per cent over a similar period.
This is against a background of no corresponding reductions in
staffing levels.
DECISION:
5. Having carefully considered the submissions and arguments of
the parties the Court does not find grounds to recommend the
renegotiation of the implementation of the Rights Commissioners
recommendation.
The Court so decides.
~
Signed on behalf of the Labour Court
Kevin Heffernan
26th October, 1989 ---------------
A.McG/U.S. Chairman