Labour Court Database __________________________________________________________________________________ File Number: CD9343 Case Number: LCR14012 Section / Act: S26(1) Parties: SOUTH EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning: 1. Rate of pay for a laundry-worker. 2. Additional dining-room staff. 3. Retention of free meals facility for orderlies.
Recommendation:
5. The Court has considered the submissions made by the parties
on the various issues before it and recommends as follows:
Rate of pay for Laundry-worker
The Court takes the view that the work presently being carried out
by the worker concerned does not warrant payment as a supervisor.
It would seem that the case for such grading will be further
weakened when the final arrangements for handling linen are
implemented. The Court does not therefore recommend concession of
the Union's claim.
Additional dining-room staff
On the basis of the figures presented by the Board, the Union's
case for additional staff for the dining-room cannot be sustained.
It would seem that the services of the catering-clerk, helping
with the cash register during rush periods would be helpful to all
concerned. The Court recommends that this proposal be accepted.
Retention of Free-meal facility
Having regard to the changes in conditions of the staff concerned
the Court is of the opinion that no good reason now exists for the
retention of this facility. It therefore recommends that the
offer of the Board to buy it out, on the basis of 1.25 times the
loss as computed by the Union should be accepted and that the
Board's offer be extended to all fifteen workers who previously
enjoyed the benefit.
Division: Mr O'Connell Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD9343 RECOMMENDATION NO. LCR14012
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: SOUTH EASTERN HEALTH BOARD
WEXFORD GENERAL HOSPITAL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning:
1. Rate of pay for a laundry-worker.
2. Additional dining-room staff.
3. Retention of free meals facility for orderlies.
BACKGROUND:
2. The dispute has arisen due to the re-organisation of the
Hospital. The re-organisation involves the transfer of
laundry-services from Wexford General to Waterford Regional
Hospital and the transfer of workers to a new Hospital building.
1. Laundry-worker's rate of pay
The Union maintains that the linen-attendant should be paid a
supervisor's rate of pay. The Board's position is that the
duties performed by the worker do not justify the payment of a
supervisory rate.
2. Additional dining-room staff
At present two assistants plus one working supervisor are
employed in the dining-room. The Union is seeking a
dining-room staff of three assistants plus one working
supervisor. The Board believes that an increase in staff in
the area is unjustified.
3. Free meals facility for orderlies
The Union contends that all porters should retain the free
meal facility on a red-circled basis. The Board wishes to
buy-out the free meal facility and has offered compensation of
1.25 times the annual loss to the orderlies. The offer was
rejected by the Union.
The dispute was referred to the Labour Relations Commission and a
conciliation conference was held on the 24th of September, 1992,
at which agreement was not reached. The dispute was referred to
the Labour Court on the 13th January, 1993, in accordance with
Section 26(1) of the Industrial Relations Act, 1990. The Court
investigated the dispute on the 12th of March, 1993.
UNION'S ARGUMENTS:
3. Laundry-worker's rate of pay
1. The Laundry-worker works on her own initiative and is
responsible for record-keeping, sorting of linen and for the
supervision of an assistant.
2. The job-description of the laundry-worker compares closely
to the job-description of the laundry-supervisor at the
National Maternity Hospital in Dublin.
Additional dining-room staff
1. Following the transfer of workers to the new Hospital
building, the turnover in the dining-area doubled.
2. Sandwiches were previously brought-in from the hospital
shop; they are now made in the dining-area kitchen.
3. It is unacceptable to the Union that staff-numbers should
be reduced in the dining-room area to make way for an
administrative staff worker. It was not explained to the
Union that this worker would operate the cash-register or help
out in the dining-room. Prior to the opening of the new
hospital, cash-register duties were performed by servant-grade
workers.
Free meals facility for orderlies
1. This facility has been enjoyed by the orderlies since the
grade was founded 30 years ago. It should be retained on a
red-circled basis.
2. The total cost of the free-meals facility is in the order
of only #535 per annum for each worker.
BOARD'S ARGUMENTS:
4. Laundry-worker's rate of pay
1. The linen-service is now a collection/distribution service
and does not carry with it the responsibilities normally
associated with the laundry facilities as previously
constituted.
2. The previous laundry-supervisor had a wide range of duties
and responsibilities which are not demanded of the linen-
attendant.
3. The laundry service for Wexford Hospital is managed by the
Laundry-manager at Waterford Regional Hospital.
4. A work-study exercise will be undertaken, to establish
whether ongoing assistance is required, in view of planned
changes.
Additional dining-room staff
1. Additional full-time catering help in the dining-room area
is not required as staffing levels are adequate to meet the
work-load.
2. There is merit in utilising the catering-clerk during key
times so that the work-load can be more evenly distributed.
Free meals facility for orderlies
1. The Board has addressed the anomaly that existed whereby
staff on the surgical roster were not in a position to enjoy
an uninterrupted lunch or tea-break. This has been achieved
by engaging additional staff, and agreeing a new roster.
2. The offer of compensation of 1.25 times the annual loss is
on the basis that the removal of the facility would lead to
some immediate hardship. Red-circling is not feasible as it
would lead to an unpleasant environment in the dining-room.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties
on the various issues before it and recommends as follows:
Rate of pay for Laundry-worker
The Court takes the view that the work presently being carried out
by the worker concerned does not warrant payment as a supervisor.
It would seem that the case for such grading will be further
weakened when the final arrangements for handling linen are
implemented. The Court does not therefore recommend concession of
the Union's claim.
Additional dining-room staff
On the basis of the figures presented by the Board, the Union's
case for additional staff for the dining-room cannot be sustained.
It would seem that the services of the catering-clerk, helping
with the cash register during rush periods would be helpful to all
concerned. The Court recommends that this proposal be accepted.
Retention of Free-meal facility
Having regard to the changes in conditions of the staff concerned
the Court is of the opinion that no good reason now exists for the
retention of this facility. It therefore recommends that the
offer of the Board to buy it out, on the basis of 1.25 times the
loss as computed by the Union should be accepted and that the
Board's offer be extended to all fifteen workers who previously
enjoyed the benefit.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
26th March, 1993. Deputy Chairman
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.