LCR15027

Subject:
Dispute concerning a change in rosters.

Recommendation:
The Court, on the basis of the submissions made considers a five
day roster is not unreasonable. The Court would expect however,
given the nature of the change proposed, that management would
endeavour to be as flexible and responsive to the needs of the
carer without having a detrimental effect on the service being
provided to their charges.


The Court would urge the parties to focus positively on the
problems of the workers who have indicated they are working "under
protest" and seek to address their difficulties. The Court, given
the circumstances described in this dispute, would ask the
management to examine, particularly with the Union, their
industrial relations procedures with a view to developing and
improving the industrial relations climate generally.

Division: Mr McGrath Mr Keogh Mr Walsh

Text of Document__________________________________________________________________

CD95549 RECOMMENDATION NO. LCR15027

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ST. ANNE'S SERVICE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)

AND

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION

SUBJECT:

Dispute concerning a change in rosters.

BACKGROUND:

St. Anne's provides a service for the intellectually and
physically handicapped. It currently employs 163 workers who
provide a residential and day care service for over 140
people. The dispute relates to the Company's decision to
change the agreed 4-day to a 5-day working roster.
Management maintains that the new roster is essential to meet
the demands of the service provided. The Union rejected the
Company's proposal and 14 workers, directly affected by the
changes, worked under protest. As a result of some
promotions, changes in shifts etc. the number presently
working under protest stands at 9. The dispute was referred
to the Labour Relations Commission and a conciliation
conference was held on the 6th of September, 1995. Agreement
was not possible and the dispute was referred to the Labour
Court by the Labour Relations Commission on the 26th of
September 1995. A Court hearing was held in Limerick on the
7th of December 1995.

UNION'S ARGUMENTS:

1. Management unilaterally changed the conditions of employment
of the workers concerned without agreement. The workers
concerned have already agreed to amended rosters on three
previous occasions. While Management expressed satisfaction
with these rosters it then sought further changes including
the rostering of one worker for night duty against her
wishes. This is contrary to custom and practice whereby
night duty has always been a voluntary one. Workers have
also been advised that all will be rostered for one month's
night duty in future. Another mandatory change has been the
extension of the Saturday finish from 8 p.m. to 9 p.m.



2. The Union is also concerned at the manner in which Management
deploys FAS employees to cover on the service driver roster
as full-time workers.


3. The workers concerned have found the new roster to be tiring,
and providing lack of continuity. There is also a problem
with staff nurse cover.


4. The Union cannot see the need to change from a 4 to a 5-day
roster. The workers have provided their own off-duty roster
which incorporates 4 and 5-day working providing equal if not
a better quality service.


5. The Union accepts that change and innovation in the service
is needed. The workers concerned have played a significant
part in seeing many projects to fruition. However, they must
be involved in discussions on major changes affecting their
working lives.


COMPANY'S ARGUMENTS:

1. The area of care for people with mental handicap has changed
immensely in the last few years. St. Anne's, as a major
service provider in this area, must ensure that clients are
benefiting from new approaches The service driver roster is
the key to create such an environment. Rosters must be
developed to meet the needs of the clients. In the roster
there are no split shifts and employees are required to work
78 hours per fortnight. An exhaustive consultation process
was carried out by Management to hear arguments on changes
required. At present there are 196 derivations of the
roster, clearly illustrating the lengths to which Management
has accommodated individual needs. Of the 68 nursing and
care workers affected only 9 are working under protest.


2. St. Anne's has invested considerable resources into staff
development and an extensive training strategy, including the
provision of in-service and external courses, has been put in
place to upgrade the skill levels of staff. Workers benefit
from public service pay and conditions of employment. Career
development opportunities have arisen. Twelve of 14 day
service posts have been filled internally.



3. St. Anne's recognise the significant contribution of its
staff to ensuring that the service meets its challenges.
Management has approached these challenges in a spirit of
involvement and participation rather than dictating its
nature. The vast majority of staff have wholly supported
this process. The Company has done its best to accommodate
the needs of the 9 (still working under protest) under the
new roster.


RECOMMENDATION:

The Court, on the basis of the submissions made considers a five
day roster is not unreasonable. The Court would expect however,
given the nature of the change proposed, that management would
endeavour to be as flexible and responsive to the needs of the
carer without having a detrimental effect on the service being
provided to their charges.


The Court would urge the parties to focus positively on the
problems of the workers who have indicated they are working "under
protest" and seek to address their difficulties. The Court, given
the circumstances described in this dispute, would ask the
management to examine, particularly with the Union, their
industrial relations procedures with a view to developing and
improving the industrial relations climate generally.
~
Signed on behalf of the Labour Court


19th December, 1995 Tom McGrath
T.O.D./A.K. ---------------
Deputy Chairman

Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.