Labour Court Database __________________________________________________________________________________ File Number: CD94333 Case Number: LCR14632 Section / Act: S26(1) Parties: WESTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the allocation of night duty to female non-nursing attendants.
Recommendation:
5. 1. The Court having heard the views of the parties as
expressed in their oral and written submissions finds
that work proper to non-nursing staff is being
undertaken by nursing personnel.
2. The Court notes the financial constraints under which
the Home is working, and that there is an acceptance by
the Home and the Health Board that current staffing
levels are inadequate.
3. The Court has also noted that the issue of staff numbers
together with other changes at the Home which will have
an impact on staff members are currently under
consideration.
4. In all the circumstances of the case the Court
recommends that the Health Board and Management seek to
finalise the arrangements in respect of the matters
raised in paragraph 3 above.
5. In the event that the changes have not been implemented
or have not contributed to the resolution of the
non-nursing staff issue by 31st January, 1995 the
parties should refer the matter to the Court when it
will make a definitive recommendation.
Division: Mr McGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD94333 RECOMMENDATION NO. LCR14632
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
WESTERN HEALTH BOARD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the allocation of night duty to female
non-nursing attendants.
BACKGROUND:
2. 1. The dispute concerns 33 female non-nursing attendants
employed at the Sacred Heart Home, Castlebar. The
approved staff complement for night duty at the home is
20 nursing and 6 non-nursing posts. All non-nursing
staff are liable to be rostered for night duty. At the
present time only male staff look after male wards. In
the female wards there are no non-nursing attendants on
night duty but additional nursing staff are employed.
The Union claims that non-nursing staff are being
unfairly treated and should be rostered for night duty
in the female wards. Management offered the female
attendants the opportunity of sharing the night duty in
the male wards with the male attendants. The Union
rejected the offer.
2. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on the
29th April, 1993. As no agreement could be reached the
dispute was referred to the Labour Court on the 20th
June, 1994. The Court investigated the dispute in
Castlebar on the 27th September, 1994.
ARGUMENTS:
3. 1. Some years ago non-nursing duties on night shift were
carried out by the attendant staff. This practice was
stopped by Management without consultation or agreement.
Since then the non-nursing duties on night shift are
carried out by nursing staff.
2. The male wards have attendants on night duty but female
wards have only nursing staff. The workers concerned
are being discriminated against and are the only staff
at the Sacred Heart Home who are denied access to night
duty.
BOARD'S ARGUMENTS:
4. 1. The Board, by letter dated 25th February, 1992 to the
Union made clear that it facilitated access to night
duty to both male and female staff. The roster for
night duty is 6 and staff may rotate through these
posts.
2. Management has reviewed the overall staffing
requirements at the Home and a submission has been made
to the Department of Health seeking additional funding
for the creation of both nursing and non-nursing posts.
3. The Board has plans for the development of a Dementia
Unit at the Home and on the establishment of this unit
it is proposed that a number of non-nursing posts will
be transferred to the Home, to meet identified service
needs.
RECOMMENDATION:
5. 1. The Court having heard the views of the parties as
expressed in their oral and written submissions finds
that work proper to non-nursing staff is being
undertaken by nursing personnel.
2. The Court notes the financial constraints under which
the Home is working, and that there is an acceptance by
the Home and the Health Board that current staffing
levels are inadequate.
3. The Court has also noted that the issue of staff numbers
together with other changes at the Home which will have
an impact on staff members are currently under
consideration.
4. In all the circumstances of the case the Court
recommends that the Health Board and Management seek to
finalise the arrangements in respect of the matters
raised in paragraph 3 above.
5. In the event that the changes have not been implemented
or have not contributed to the resolution of the
non-nursing staff issue by 31st January, 1995 the
parties should refer the matter to the Court when it
will make a definitive recommendation.
~
Signed on behalf of the Labour Court
16th December, 1994 Tom McGrath
T.O.D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.