LCR13304

Subject:
Claim by the Hospital concerning the rates of pay for ward attendants.

Recommendation:
6. Having considered all aspects of the submissions presented and
the oral evidence given by the parties, the Court recommends that
the historical payment arrangements continue pending the outcome
of consideration of the problem at the forthcoming deliberations
of the proposed Management/Union Working Party on the Pay and
Conditions of Non-Nursing Personnel in Voluntary Hospitals.

Division: CHAIRMAN Mr Brennan Mr Rorke

Text of Document__________________________________________________________________

CD90713 RECOMMENDATION NO. LCR13304

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946


PARTIES: ROYAL HOSPITAL DONNYBROOK
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)

and

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION

SUBJECT:
1. Claim by the Hospital concerning the rates of pay for ward
attendants.

BACKGROUND:
2. The Hospital has claimed that the rates of pay paid to the
ward attendants in the Hospital are out of line with those laid
down by the Department of Health. The Hospital wishes to alter
these rates for any new staff recruited in the future. It is
prepared to let the status quo remain in respect of current ward
attendants. At present the ward attendants are rostered for 30
hours work between Monday and Friday and 10 hours on either
Saturday or Sunday. When these 10 hours are worked on a Saturday,
overtime rates of time and one half are paid. The Department of
Health rate for a Saturday is time plus a Saturday Allowance
(currently #3.68). The current practice of paying overtime for
Saturday working has been ongoing since 1972/3 when a local
arrangement was agreed in order to overcome rostering problems at
the time.

3. The Union rejected the Hospital's proposal to change the rates
for new staff and the matter was referred on 15th October, 1990 to
the conciliation service of the Labour Court. No agreement was
reached at a conciliation conference held on 27th November, 1990,
and on 3rd December, 1990, the dispute was referred to the Labour
Court for investigation and recommendation. The Court's
investigation of the matter on 17th January, 1991, was adjourned
in order to ascertain the system operating in the Dublin Voluntary
Hospitals. A re-convened hearing was held on 17th May, 1991.

HOSPITAL'S ARGUMENTS:
4. 1. Out of 18 attendants employed at the Hospital, 13 work in
the wards. The cost to the Hospital of the unapproved rates
is approximately #14,000 per annum. This overspending is not
funded by the Department of Health and must be recouped from
monies which the Department has allocated for other purposes,
such as patient care.



2. The current arrangements have an inhibiting affect on the
Hospital's attitude to the overall numbers employed in the
Hospital in this grade. So far as staff are concerned, the
arrangement results in a most inflexible attitude to
rostering. The Department has also expressed dissatisfaction
with the arrangements and supports the proposal to pay new
staff at the approved rate. It is also worth noting that for
pension purposes returns of earnings must be calculated at the
approved rates. The present practice also discriminates
against other grades of staff who may be required to work
overtime but do so when they have completed 39 hours of normal
working.


3. The Hospital has over the last number of years become more
closely involved with other agencies in the overall health
structure. Within this overall health structure, any
differential between grades has been agreed at national level.
On the grounds of cost and equity the continuation - ad
infinitum of an incorrect payment for one grade of staff is
untenable. Therefore, the Hospital proposes to regularise the
situation for future ward attendants. Conditions for
attendants currently employed will remain as they are.


UNION'S ARGUMENTS:
5. 1. The Hospital is attempting to by-pass the agreement
covering the conditions attaching to the attendant grade in
the Dublin Voluntary Hospitals. This agreement clearly sets
out the working hours, method of paying for overtime and Union
assurances on weekend cover (full details provided). This
agreement has been in operation since 1973.


2. In July, 1990, the Hospital employed a number of temporary
attendants on a 'five over seven' basis without agreement with
the Union. The Hospital in trying to justify its unilateral
decision has stated that the attendants covered by the
agreement will continue to be employed as per that agreement.
However, by changing the conditions attaching to the grade,
the pay structure agreed between the Union and the Hospital's
Branch of the Federated Union of Employers is being
undermined.


3. Changing the conditions of employment is contrary to the
Programme for National Recovery. It is not acceptable to the
Union that the Hospital be allowed ignore agreements freely
entered into.


RECOMMENDATION:
6. Having considered all aspects of the submissions presented and
the oral evidence given by the parties, the Court recommends that
the historical payment arrangements continue pending the outcome
of consideration of the problem at the forthcoming deliberations
of the proposed Management/Union Working Party on the Pay and
Conditions of Non-Nursing Personnel in Voluntary Hospitals.
~

Signed on behalf of the Labour Court


Kevin Heffernan
_______________________
10th June, 1991. Chairman
B.O'N/J.C.