Labour Court Database __________________________________________________________________________________ File Number: CD9052 Case Number: LCR12740 Section / Act: S67 Parties: BEAUMONT HOSPITAL - and - LGPSU |
Claim by the Union on behalf of 3 catering officers concerning rostering arrangements.
Recommendation:
5. The Court having carefully considered the oral and written
submissions of the parties considers that the conditions of
employment of the workers concerned given the commitments made to
staff transferring to Beaumont Hospital should only be altered as
a result of discussion and agreement.
The Court recognises that there is a need for a managerial
presence in excess of the hours of 9.00 a.m. to 5.00 p.m.
The Court has noted the parties are prepared to seek a resolution
to the problem.
Accordingly, the Court recommends the parties meet immediately and
seek to negotiate an accommodation which will address the needs of
the hospital while recognising the commitments given to the
workers concerned.
The Court recommends these negotiations be completed on or before
9th February, 1990.
Should the parties fail to reach an agreement outstanding issues
will be referred to the Court for a recommendation.
Division: MrMcGrath Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD9052 RECOMMENDATION NO. LCR12740
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES BEAUMONT HOSPITAL
(REPRESENTED BY LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
and
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
SUBJECT:
1. Claim by the Union on behalf of 3 catering officers concerning
rostering arrangements.
BACKGROUND:
2. When the staffs of the Richmond and Jervis Street Hospitals
transferred to Beaumont Hospital in 1987 the catering manager
indicated that he would require catering officers to provide a 7
day cover between the hours 7.30 a.m. to 7.30 p.m. (Prior to the
transfer their hours of work were approximately 9.00 a.m. to 5.00
p.m. Monday to Friday). The catering officers agreed to
co-operate with the proposal to extend their hours of cover to
facilitate the opening of the Hospital. The extended hours
roster, which has been operated since 1987, is as follows:-
(i) 7.30 a.m. - 3.00 p.m.
(ii) 9.00 a.m. - 5.00 p.m.
(iii) 12.00 noon - 7.30 p.m.
The catering officers work a 35 hour week on a 5 day over 7 day
spread and work the full range of starting and finishing times.
The Union maintains that the catering officers formed a
"gentleman's agreement" with the catering manager to work the
extended hours on the basis that the arrangement would be for a
limited period only and that they could revert back to 9.00 a.m.
to 5.00 p.m. working as soon as the catering department was
settled and fully operational. The Union claims that the catering
officers should revert to a 9.00 a.m. to 5.00 p.m. roster. The
Hospital rejects the claim on the basis that it would jeopardise
the management of the Hospital's catering services and could lead
to similar claims from other staff working different rosters to
those they worked in their former employment. Local discussions
failed to resolve the dispute and the matter was referred on 2nd
November, 1989, to the conciliation service of the Labour Court.
A conciliation conference took place on 4th December, 1989,
however, no settlement could be reached. Subsequent to the
conciliation conference the Union served notice on the Hospital
that the catering officers would revert to 9.00 a.m. to 5.00 p.m.
operating with effect from 22nd January, 1990. On 19th January,
1990, the dispute was referred to the Labour Court and the Union
withdrew the notice pending the Court's investigation. The Court
investigated the dispute on 25th January, 1990.
UNION'S ARGUMENTS:
3. 1. When negotiations on the transfer to Beaumont Hospital
took place, they took place within the framework of a
communication dated 11th February, 1980, from the Department
of Health. This communication stated that the workers
transferring would "... be offered employment in the new
hospital on conditions which will be no worse than those
applying to them when that time comes." Clearly a change from
9.00 a.m. to 5.00 p.m. working to a shift system represents a
significant worsening of conditions.
2. The agreement to extend working hours was entirely an
internal arrangement with the catering manager. It was not
part of the discussions covering transfer of staff to the
Hospital. This agreement would never have been accepted by
the catering officers if it had not been for a limited period
and did not compromise their right to revert to 9.00 a.m. to
5.00 p.m. working, Monday to Friday.
3. Management wishes to enforce the 7.30 a.m. to 7.30 p.m.
working on the catering officers. This is causing
considerable difficulties and domestic problems for those
involved. The Hospital is attempting to exploit the voluntary
co-operation that has been provided by the catering officers
in getting the catering department up and running.
4. The Union requests the Court to restore to the Catering
Officers their guaranteed "protected" conditions of
employment.
HOSPITAL'S ARGUMENTS:
4. 1. The Hospital requires 7 day cover between the hours of
7.30 a.m. to 7.30 p.m. so as to ensure both proper management
and the highest catering standards. Previous working
arrangements would not work in the new Hospital because of the
greater scale of the catering operation, its range of catering
services and the greater geographical dispersal of staff
throughout the Hospital complex. In the former hospitals the
ward catering services was the responsibility of household
management but now it is under the direct control of the
Catering Department.
2. The undertakings of 1980, were extended to cover basic
conditions of employment such as pay, pension rights, various
leave entitlements and total hours of attendance. It could
not be interpreted as precluding new rosters on the opening of
the Hospital or their subsequent introduction as needs
dictate. It is inevitable that organisational changes are
required on the opening of a new hospital. A reversion to the
pre-Beaumont working hours would lead to an over concentration
of managerial staff between 9.00 a.m. and 5.00 p.m. but no
managerial presence between 7.30 a.m. to 9.00 a.m. and 5.00
p.m. to 7.30 p.m. for most of the week.
3. If the Hospital was to revert to the pre-Beaumont rosters
it would lead to major organisational problems and a reduction
in the standards of the catering services in the Hospital.
Added to this, it could also lead to similar demands by other
staff who are working different rosters to those worked in
their former hospitals.
RECOMMENDATION:
5. The Court having carefully considered the oral and written
submissions of the parties considers that the conditions of
employment of the workers concerned given the commitments made to
staff transferring to Beaumont Hospital should only be altered as
a result of discussion and agreement.
The Court recognises that there is a need for a managerial
presence in excess of the hours of 9.00 a.m. to 5.00 p.m.
The Court has noted the parties are prepared to seek a resolution
to the problem.
Accordingly, the Court recommends the parties meet immediately and
seek to negotiate an accommodation which will address the needs of
the hospital while recognising the commitments given to the
workers concerned.
The Court recommends these negotiations be completed on or before
9th February, 1990.
Should the parties fail to reach an agreement outstanding issues
will be referred to the Court for a recommendation.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________________
1st February, 1990. Deputy Chairman
B.O'N./J.C.