LCR13048

Subject:
Claim by the Union on behalf of 8 maintenance workers employed at St. Conal's Hospital, Letterkenny, for the payment of an eating-on-site allowance.

Recommendation:
5. The Court, having considered the case, is of the view that,
given the facilities available at Letterkenny General Hospital and
the management proposal to provide facilities (which should be
implemented immediately) to eat/prepare own meals in St Conal's
Hospital, the claimants do not qualify for the eating-on-site
allowance.

However, where the claimants are deployed away from base and are
not brought back for lunch, the eating-on-site allowance should be
paid on those occasions.

Division: CHAIRMAN Mr Keogh Ms Ni Mhurchu

Text of Document__________________________________________________________________

CD90132 RECOMMENDATION NO. LCR13048

INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67


PARTIES: NORTH WESTERN HEALTH BOARD
(Represented by the Local Government Staff Negotiations Board)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION



SUBJECT:
1. Claim by the Union on behalf of 8 maintenance workers employed
at St. Conal's Hospital, Letterkenny, for the payment of an
eating-on-site allowance.

BACKGROUND:
2. The Hospital, up to Autumn, 1989, had full canteen facilities,
when the facilities were merged with the General Hospital, a short
distance away. The maintenance staff have a half hour lunch
break. The Union claims that this does not provide sufficient
time to wash, change, walk to the General Hospital, queue, eat,
return to St. Conal's and change again. In addition the
maintenance staff also work in Hostels in the area, owned by the
Board and often, if there is no transport available, it is
impossible for them to get back to the General Hospital. On 19th
June, 1989, the Union submitted a claim on behalf of the
maintenance staff for an eating-on-site allowance. The claim was
rejected by the Board on the basis that there was a facility in
St. Conal's to provide hot meals (the Fern Coffee Shop). The
Union was of the view that this facility was inadequate. On 29th
June, 1989, the issue was referred to the conciliation service of
the Labour Court. No agreement could be reached at conciliation
conferences held on 7th September, 1989, and 13th February, 1990,
and the dispute was referred to the Labour Court, on 5th March,
1990, for investigation and recommendation. The Court
investigated the dispute on 26th September, 1990, (earliest date
suitable to the parties) in Letterkenny.

UNION'S ARGUMENTS:
3. 1. The Union maintains that a 30 minute lunch break is not
long enough to travel between the two hospitals and get your
lunch. There is also a difficulty for those who are working
out in the Hostels, as often there is no transport available
to take them back to the General Hospital for lunch.

2. There are not adequate eating facilities available in St
Conal's Hospital. The maintenance workers work in very dusty
and dirty conditions and do not have washing facilities
available to them. The workers do have a room available to
them in the Hospital, however, it has no facilities other than
a table and chairs and hot water. This is not acceptable.

3. The Board have suggested lengthening the lunch break in
order to provide sufficient time for the workers to get their
lunch. This is not acceptable as it would mean lengthening
the overall working day.

4. These workers do not receive any other allowances.
Under the circumstances the Union believe that the workers
meet the conditions necessary to qualify for the
eating-on-site allowance and requests the Court to recommend
that they be paid the allowance.

BOARD'S ARGUMENTS:
4. 1. The intention of the eating-on-site allowance is to
compensate workers for whom no suitable eating facilities are
available at the workplace or where the workers are required
to work at various locations with inadequate facilities. In
this instance the workers have access to full canteen
facilities at the General Hospital. At St Conal's Hospital
arrangements are in place to provide daily meals to patients
by means of a new "cook-chill" system. The Board is prepared
to provide facilities for a hot meal for the maintenance
workers using the "cook-chill" system should they wish to
partake of a midday meal.

2. The Union has drawn attention to the fact that the
duration of the lunch break is not long enough to allow the
workers use the canteen in the General Hospital. The Board is
prepared to alter the starting time of the lunch break to
allow the workers avoid peak times in the canteen.
Furthermore, the Board is also prepared to extend the duration
of the lunch break if requested. It should be noted that the
lunch break was originally of one hours duration before the
staff requested that it be reduced to 30 minutes. The Board
will also provide transport, where necessary, for maintenance
workers who are not deployed at base to enable them to avail
of canteen facilities.

4. 3. The Union appear to argue that if the workers do not
avail of the canteen facilities then they should receive the
eating-on-site allowance. This is a complete
misinterpretation of the conditions under which the allowance
is payable. The allowance is only paid where the workers do
not have adequate facilities available or where they cannot
avail of facilities. Workers cannot refuse to make use of a
facility merely to entitle themselves to the allowance. This
principle has been accepted in other health Boards and Local
Authorities.

4. The Board is satisfied that on examination of the
facilities available to the maintenance workers and measuring
them against the criteria laid down for granting the
allowance, there is no justification for paying the allowance
in this case.

RECOMMENDATION:

5. The Court, having considered the case, is of the view that,
given the facilities available at Letterkenny General Hospital and
the management proposal to provide facilities (which should be
implemented immediately) to eat/prepare own meals in St Conal's
Hospital, the claimants do not qualify for the eating-on-site
allowance.

However, where the claimants are deployed away from base and are
not brought back for lunch, the eating-on-site allowance should be
paid on those occasions.
~

Signed on behalf of the Labour Court

Kevin Heffernan
15th October, 1990 -----------------
B.O'N/U.S. Chairman