Labour Court Database __________________________________________________________________________________ File Number: CD94212 Case Number: LCR14451 Section / Act: S26(1) Parties: BEAUMONT HOSPITAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Revised rostering arrangements in the portering area.
Recommendation:
Having considered the submissions from the parties the Court is
satisfied that it is in the best interest of the hospital and
patients that the theatre cover as proposed by the management be
introduced. The Court accordingly recommends that the Union agree
to work the new rosters.
The Court further recommends that after a period of 6 months the
parties meet to assess the impact of the rosters with particular
reference to work loads and any loss of earnings.
Division: Ms Owens Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94212 RECOMMENDATION NO. LCR14451
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BEAUMONT HOSPITAL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Revised rostering arrangements in the portering area.
BACKGROUND:
2. The hospital proposes to implement a revised roster for
portering staff in the Theatre Area. The changes affect 12
workers. The present roster provides cover as follows:-
1. 8.00 a.m. to 4.30 p.m. Monday to Friday.
2. 4.30 p.m. to 8.00 p.m. Monday to Friday on an
overtime basis.
3. 8.00 a.m. to 5.00 p.m. Saturday/Sunday on an
overtime basis.
4. Permanent night porters report for duty at 10.00p.m.
and there is one dedicated Theatre porter on duty
from 10.00 p.m. to 8.00 a.m. Monday to Sunday.
Under this system there is portering cover for 22 hours daily
Monday to Friday and 19 hours Saturday/Sunday. A gap exists
in the service from 8.00 - 10.00 p.m. Monday to Friday
and from 5.00 - 10.00 p.m. Saturday/ Sunday. The Hospital
wishes to have 24 hour/7 day week portering cover. It is
proposing a rostered day for the Theatre covering 8.00 a.m.
to 8.00 p.m.. The overtime roster will be revised to ensure
cover is provided until 10.00 p.m. daily and at weekends.
The proposed roster provides cover as follows:-
Monday to Friday 8.00 a.m. - 4.30 p.m. 11 porters
11.30 a.m. - 8.00 p.m. 1 porter
4.30 p.m. - 8.00 p.m. 3 porters
8.00 p.m. - 10.00 p.m. 1 porter
Saturday 8.00 a.m. - 12.00 p.m. 3 porters
12.00 p.m. - 5.00 p.m. 2 porters
5.00 p.m. - 10.00 p.m. 1 porter
Sunday 8.00 a.m. - 4.30 p.m. 1 porter
11.30 a.m. - 10.00 p.m. 1 porter
The proposed roster was rejected by the Union. The dispute
was referred to the Labour Relations Commission and a
conciliation conference was held on the 15th March, 1994. No
agreement was reached and the dispute was referred to the
Labour Court on the 14th April, 1994. The Court investigated
the dispute on the 12th May, 1994.
UNION'S ARGUMENTS:
3. 1. Under the Hospital's proposals cover between 8.00 a.m.
and 11.30 a.m. is reduced by one porter. The Union has
carried out a survey on the level of activity in the
Theatre Area during these hours and the findings
indicate that the workload is particularly heavy.
(Details supplied to the Court).
2. The new roster constitutes anti-social hours of
attendance.
3. The number of operations in the Hospital has increased
significantly in recent years. While additional medical
posts have been created to cope with this increased
activity there has been no increase in the level of
portering staff.
4. The Union considers that the level of service would
deteriorate if the new rosters were accepted.
5. Management has not given sufficient consideration to the
proposed rosters nor has it recognised the difficulties
of porters if the new system was implemented. No major
report or study has been undertaken to justify the
proposed new roster.
HOSPITAL'S ARGUMENTS:
4. 1. The roster proposed by the Hospital is essential for
reasons of health and safety, adequate patient care,
operational and service efficiencies. The workers
concerned will suffer no loss of earnings.
2. The commitment to provide cover until 10.00 p.m. forms
an integral part of portering staff conditions. In
other parts of the Hospital portering and ward staff are
currently rostered for duty between the hours of 8.00
a.m. and 10.00 p.m..
3. It is no longer cost-effective to pay overtime after
5.00 p.m. and to provide a service at premium rates when
other alternatives are available on a no-cost basis.
4. The Hospital cannot accept the Union's claim that the
new roster is unacceptable for social reasons since
Theatre porters presently work as required until 10.00
p.m. on an overtime basis.
5. The Court has previously recommended in favour of the
introduction of the rostered day for porters and ward
staff (LCR 11150 refers).
RECOMMENDATION:
Having considered the submissions from the parties the Court is
satisfied that it is in the best interest of the hospital and
patients that the theatre cover as proposed by the management be
introduced. The Court accordingly recommends that the Union agree
to work the new rosters.
The Court further recommends that after a period of 6 months the
parties meet to assess the impact of the rosters with particular
reference to work loads and any loss of earnings.
~
Signed on behalf of the Labour Court
24th May, 1994 Evelyn Owens
T.O.D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.