Labour Court Database __________________________________________________________________________________ File Number: CD94419 Case Number: LCR14605 Section / Act: S26(1) Parties: ST. JOSEPH'S HOSPITAL, CLONMEL - and - A WORKER;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Operation of switchboard.
Recommendation:
Having considered the submissions from the parties, and on the
basis that the post had been designated as a grade II clerical
post, which can only be filled on a permanent basis by way of
advertisement and competition, the Court cannot recommend
concession of the Union's claim.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94419 RECOMMENDATION NO. LCR14605
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ST. JOSEPH'S HOSPITAL, CLONMEL
(REPRESENTED BY THE SOUTH EASTERN HEALTH BOARD)
AND
A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
SUBJECT:
1. Operation of switchboard.
BACKGROUND:
2. Since 1989, the three workers concerned have operated the
switchboard at the Hospital full time on a rotation basis.
From 1970 to 1991 the switchboard was operated by a grade II
clerical worker from 9.00 a.m. to 5.00 p.m. Monday - Friday.
The grade II worker retired in 1991 but was on sick leave
from 1989. The three workers concerned covered for evenings,
nights, weekends and sick leave when necessary. The Board is
proposing that the work should revert back to a grade II
clerical worker, to be chosen from a panel, on the 9.00 a.m.
to 5.00 p.m. period. The Union maintains that the three
workers should continue to operate the switchboard full time.
The dispute was referred to the Labour Relations Commission
and a conciliation conference took place on 18th May, 1994.
No agreement was reached and the dispute was referred to the
Labour Court on 9th August, 1994 under Section 26(1) of the
Industrial Relations Act. 1990. A Labour Court hearing took
place on 9th November, 1994, in Clonmel.
UNION'S ARGUMENTS:
3. 1. The three workers have operated the switchboard full
time since 1989. Prior to that, they frequently had to
cover for the grade II clerical worker who was on sick
leave.
2. The three workers have, at their own expense, completed
a computer course to improve their competency in
carrying out their duties. They operate a computerised
system which was recently installed. The workers would
have to train new appointees to the post.
3. The three workers are well known at the hospital. Part
of their duties include a patient/carer relationship.
BOARD'S ARGUMENTS:
4. 1. It was never intended that the three workers would fill
the post of switchboard operation on a permanent basis.
The Board had no permanent grade II panel in 1991. The
three workers were allowed to continue in the post until
a panel was set up. The panel was set up in July, 1993,
following advertisement of the post in the national
papers.
2. The workers could have competed for the grade II
clerical posts but did not do so. Management has given
a commitment to the workers that it will continue to
offer them all available work on the switchboard at
weekends/nights and sick leave cover.
3. The position of switchboard operation, from Monday to
Friday, is a grade II clerical post. The Board can only
offer the position to those on the panel set up in 1993.
RECOMMENDATION:
Having considered the submissions from the parties, and on the
basis that the post had been designated as a grade II clerical
post, which can only be filled on a permanent basis by way of
advertisement and competition, the Court cannot recommend
concession of the Union's claim.
~
Signed on behalf of the Labour Court
22nd November, 1994 Evelyn Owens
C.O'N./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.