Labour Court Database __________________________________________________________________________________ File Number: CD91217 Case Number: LCR13274 Section / Act: S26(5) Parties: SOUTH EASTERN HEALTH BOARD - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Dispute concerning rostering arrangements, etc. at St. Otterans Psychiatric Hospital, Waterford.
Recommendation:
3. At the specific request of either or both of the parties the
Court recommends on the following issues.
(1) 39 hour week
The Court recommends that the proposal for the 20 hour cover as
put forward by the Union be accepted by the Board but that the
arrangement be subject to review after being in operation for not
less than 6 weeks.
(2) 39 hour week (Laundry)
The Court does not recommend that cover be provided for reduced
working hours in this area when offered on the basis of 4 hours
off per month. It does recommend, in the event of this
arrangement not being found sustainable by the worker concerned
without cover being provided, that the working hours reduction be
effected by means of a weekly reduction of 1 hour each Friday.
(3) Toilet cleaning
It is clear to the Court that it is the duty of domestic staff to
clean the toilets as required; but on the information available to
it, it cannot be definitive as to the conditions under which this
task should be undertaken, particularly as such conditions will
differ from ward to ward. The Court recommends that in the first
instance this issue be discussed by the staff and board
representatives, in particular the Chief Nursing Officer but if
local agreement cannot be reached it should be dealt with by the
assessor conducting the independent investigation referred to on
Para 10 hereunder.
(4) Staff Uniforms
The Court recommends that the Board's offer of an initial issue of
two uniforms plus one uniform per annum thereafter be accepted.
It also recommends that such uniforms be furnished with buttons
rather than other forms of fastener.
(5) Relief for Second Kitchen Porter
The Court recommends that the issue of cover for the worker
concerned be the subject of further direct negotiations between
the parties. In the event of their failure to agree the Court is
prepared to hear the matter as a separate issue and make a
specific recommendation thereon.
(6) Filling of Temporary Posts
The Court recommends that the Boards proposals regarding the
internal advertising of such vacancies should be implemented at
once. Existing Staff who feel aggrieved in particular instances
by the application of the proposed system should refer the
grievance to an appropriate third party for adjudication.
(7) Changes on rosters and shifts pending decision on the future
of St. Otterans Hospital
The Court is of the opinion that changes which may arise when, in
the longer term, the future status of St. Otterans Hospital is
finally decided, are a matter for direct negotiations when the
final plans are decided upon. In the meantime the Court
recommends that the Staff here concerned should agree to changes
in shifts and rosters subject to the Board undertaking that the
Staffs position in the event of changes occurring will not be
prejudiced by such changes of shift or roster. The Court
recommends that the Board give such an undertaking without delay.
(8) Additional Staff - St Aidens and St Damians Wards
The Court, having heard the submissions made by the parties, in
the light of:-
(a) the changing nature of the patient care afforded in
these areas.
(b) the arguments made by the Union that the staff concerned
perform duties additional to those normally expected of
domestic staff.
recommends that two temporary staff be employed pending the
outcome of the proposed independent investigation on the necessary
level of staffing required generally by the hospital. The Court
further recommends that these staff be employed subject to this
condition being written into their contracts and also subject to
the other safeguards offered by the Union in the course of
negotiations.
The Court is aware that this aspect of the recommendation will
have far reaching budgetary consequences for St. Otterans Hospital
and recommends that all concerned co-operate to assist off-setting
the additional costs involved.
(9) Cover for Holidays Sick Leave etc
The Court has considered the arguments made by both parties on the
question.
It is not convinced that the case presented by the union warrants
a concession of their claim in particular having regard to:-
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD91217 RECOMMENDATION NO. LCR13274
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(5), INDUSTRIAL RELATIONS ACT 1990
PARTIES: SOUTH EASTERN HEALTH BOARD
(Represented by the Local Government Staff Negotiations Board)
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Dispute concerning rostering arrangements, etc. at
St. Otterans Psychiatric Hospital, Waterford.
BACKGROUND:
2. The Court investigated this dispute at hearings held in
Waterford on the 26th April, 1991 and 6th May, 1991.
RECOMMENDATION:
3. At the specific request of either or both of the parties the
Court recommends on the following issues.
(1) 39 hour week
The Court recommends that the proposal for the 20 hour cover as
put forward by the Union be accepted by the Board but that the
arrangement be subject to review after being in operation for not
less than 6 weeks.
(2) 39 hour week (Laundry)
The Court does not recommend that cover be provided for reduced
working hours in this area when offered on the basis of 4 hours
off per month. It does recommend, in the event of this
arrangement not being found sustainable by the worker concerned
without cover being provided, that the working hours reduction be
effected by means of a weekly reduction of 1 hour each Friday.
(3) Toilet cleaning
It is clear to the Court that it is the duty of domestic staff to
clean the toilets as required; but on the information available to
it, it cannot be definitive as to the conditions under which this
task should be undertaken, particularly as such conditions will
differ from ward to ward. The Court recommends that in the first
instance this issue be discussed by the staff and board
representatives, in particular the Chief Nursing Officer but if
local agreement cannot be reached it should be dealt with by the
assessor conducting the independent investigation referred to on
Para 10 hereunder.
(4) Staff Uniforms
The Court recommends that the Board's offer of an initial issue of
two uniforms plus one uniform per annum thereafter be accepted.
It also recommends that such uniforms be furnished with buttons
rather than other forms of fastener.
(5) Relief for Second Kitchen Porter
The Court recommends that the issue of cover for the worker
concerned be the subject of further direct negotiations between
the parties. In the event of their failure to agree the Court is
prepared to hear the matter as a separate issue and make a
specific recommendation thereon.
(6) Filling of Temporary Posts
The Court recommends that the Boards proposals regarding the
internal advertising of such vacancies should be implemented at
once. Existing Staff who feel aggrieved in particular instances
by the application of the proposed system should refer the
grievance to an appropriate third party for adjudication.
(7) Changes on rosters and shifts pending decision on the future
of St. Otterans Hospital
The Court is of the opinion that changes which may arise when, in
the longer term, the future status of St. Otterans Hospital is
finally decided, are a matter for direct negotiations when the
final plans are decided upon. In the meantime the Court
recommends that the Staff here concerned should agree to changes
in shifts and rosters subject to the Board undertaking that the
Staffs position in the event of changes occurring will not be
prejudiced by such changes of shift or roster. The Court
recommends that the Board give such an undertaking without delay.
(8) Additional Staff - St Aidens and St Damians Wards
The Court, having heard the submissions made by the parties, in
the light of:-
(a) the changing nature of the patient care afforded in
these areas.
(b) the arguments made by the Union that the staff concerned
perform duties additional to those normally expected of
domestic staff.
recommends that two temporary staff be employed pending the
outcome of the proposed independent investigation on the necessary
level of staffing required generally by the hospital. The Court
further recommends that these staff be employed subject to this
condition being written into their contracts and also subject to
the other safeguards offered by the Union in the course of
negotiations.
The Court is aware that this aspect of the recommendation will
have far reaching budgetary consequences for St. Otterans Hospital
and recommends that all concerned co-operate to assist off-setting
the additional costs involved.
(9) Cover for Holidays Sick Leave etc
The Court has considered the arguments made by both parties on the
question.
It is not convinced that the case presented by the union warrants
a concession of their claim in particular having regard to:-
(a) the arrangements for an all-in staff complement which
appears to be generally applicable in similar
hospitals,
(b) the increasing ratio of staff to patients which has
developed in recent years,
(c) the additional staff recommended in para 8 above.
(d) the Board's offer to have the overall level of domestic
staff made open to the independent assessment in the
immediate future,
It seems to the Court that issues raised by the Union on such
matters as overall floor area, type of floor surface and type of
implements used, are really technical matters more appropriately
dealt with by the assessor.
For these reasons the Court does not presently recommend
concession of the Union's claim for full cover for absent staff on
the occasions mentioned.
(10) Assessment.
Finally the Court recommends, as already agreed by the parties
that they should undertake as a matter of urgency to agree to
nominate a suitable independent assessor, draw up terms of
reference, and arrange to make available all necessary information
to enable the task to be begun and completed without delay. The
items referred to in para 3, para 8 and para 9 should of course be
subject to assessment in the proposed exercise.
(11) Procedural Agreement:
The Court strongly recommends that the parties agree, as soon as
may be, the terms of a grievance and disputes procedure which will
serve to avoid disputes in the future.
(12) Return to Work:
It is the opinion of the Court, in the light of the terms of this
Recommendation that no valid reason now assists to warrant a
continuation of the present dispute and it therefore recommends
that there should be an immediate return to work, it being
understood that there will be no victimisation of any of the
workers involved.
~
Signed on behalf of the Labour Court
7th May, 1991 John O'Connell
T.O'D / M.O'C. _______________
Deputy Chairman