Labour Court Database __________________________________________________________________________________ File Number: CD94465 Case Number: LCR14713 Section / Act: S26(1) Parties: BEAUMONT HOSPITAL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Filling of vacancies/flexibility for porters and ward attendants.
Recommendation:
The Court finds it unreasonable that where permanent vacancies
exist staff are retained on temporary contracts of employment for
an inordinate length of time.
The Court does, however, clearly understand, given the current
constraints on the health service, the reluctance of management to
make such staff permanent where this course would result in a less
efficient and more costly service being provided.
It is the view of the Court that any arrangements recommended to
resolve this issue in Beaumont Hospital are likely to have
implications for staff in other hospitals.
Accordingly, the Court considers that the parties should discuss
the matter at national level with a view to seeking a basis of
resolving the issue which will have universal acceptance.
The parties should endeavour to reach agreement on or before 30th
June, 1995.
The Court so recommends.
Division: Mr McGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94465 RECOMMENDATION NO. LCR14713
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BEAUMONT HOSPITAL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Filling of vacancies/flexibility for porters and ward
attendants.
BACKGROUND:
2. The dispute before the Court concerns the Hospital's
requirements for total flexibility and interchangability
between the grades of porters and ward attendants.
The grade of ward attendant was introduced into Beaumont
Hospital in 1987/1988, to meet a requirement for assistance
with nursing and non-nursing duties at ward level. The grade
emerged from and was structured along the lines of the ward
orderly grade which had existed in St. Laurances Hospital at
the time of the transfer in 1987.
Currently the Hospital employs 21 ward attendants to provide
a service to 19 wards and 73 porters to provide a portering
service to the entire Hospital.
Since 1990, flexibility has existed between temporary staff
employed in the ward attendant and portering grades. The
Hospital now wishes to extend the flexibility to all
permanent staff in the ward attendant and portering grades.
The Union is seeking the appointment to permanent positions
of all temporary staff in either grade with more than 12
months service.
Local level discussions took place but no agreement was
reached and the matter was referred to the Labour Relations
Commission. Three conciliation conferences took place in
period September, 1993/May, 1994, but no agreement was
reached and the dispute was referred to the Labour Court on
6th September, 1994 under Section 26(1) of the Industrial
Relations Act, 1990. A Labour Court hearing took place on
1st February, 1995 (the earliest date suitable to both
parties).
UNION'S ARGUMENTS:
3. 1. In 1987, the Hospital negotiated a new "Ward Attendant
Grade" to carry out duties at ward level. The Hospital
is seeking to alter a system of grading which it
introduced and which has worked well for 7 years.
2. In attempting to merge the grades of porter and ward
attendant the Hospital has not recognised the policy and
practice in other hospitals. The grading system of
porters, ward attendants and hospital orderlies has been
established since the early 1970's. No other health
agency in Dublin has sought or entered into negotiations
concerning the merging of the two grades.
3. At negotiation with employers at national level on the
issue of pay and productivity the flexibility issue was
dropped by management.
4. It is unreasonable of management to link the issues of
flexibility and the filling of vacancies. The
Hospital's policy is contrary to the stated policy of
the Department of Health to fill long-term temporary
positions with permanent appointments.
HOSPITAL'S ARGUMENTS:
4. 1. Beaumont Hospital is the largest acute general hospital
in the country and as such provides treatment for a wide
variety of complaints and illness. Flexibility is
essential to allow management deploy staff from one
grade to the other to enable the Hospital provide
continuity of service.
2. Management regularly finds itself in the position where
staff in either grade object or refuse to carry out a
particular duty on the grounds that it is appropriate to
the other grade.
3. The Hospital is willing to appoint staff to permanent
positions but is prevented from doing so by the
restrictive practices being imposed by the Union.
4. Management has co-operated with staff who have requested
to transfer from one grade to the other. The job
descriptions for both grades are similar.
5. The Union's objection to flexibility cannot be
justified. The flexibility sought by management is
already provided by permanent staff operating on the
night shift.
RECOMMENDATION:
The Court finds it unreasonable that where permanent vacancies
exist staff are retained on temporary contracts of employment for
an inordinate length of time.
The Court does, however, clearly understand, given the current
constraints on the health service, the reluctance of management to
make such staff permanent where this course would result in a less
efficient and more costly service being provided.
It is the view of the Court that any arrangements recommended to
resolve this issue in Beaumont Hospital are likely to have
implications for staff in other hospitals.
Accordingly, the Court considers that the parties should discuss
the matter at national level with a view to seeking a basis of
resolving the issue which will have universal acceptance.
The parties should endeavour to reach agreement on or before 30th
June, 1995.
The Court so recommends.
~
Signed on behalf of the Labour Court
23rd March, 1995 Tom McGrath
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.