FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE HOSPITAL GALWAY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Contracting out of patient catering.
BACKGROUND:
2. In June, 1996, the Minister for Health announced a £25 million investment package for the hospital. The expansion of clinical services would necessitate the relocation of the 4th floor kitchen, which provides patient catering, to a new site on the ground floor. Management proposed to amalgamate the new kitchen with the existing ground floor kitchen, which currently provides staff meals on a contract basis, and to contract out the entire catering operation. Management claimed that this would provide an enhanced catering service for patients, would reduce overhead costs substantially and would help to maintain jobs on the wards. It would not result in the loss of employment for the catering staff who would be transferred to alternative posts. The Union rejected Management's proposals claiming that Western Health Board staff should be allowed to operate the catering service for a period of one year, following which the situation should be reviewed. The Union claimed that the General Manager of the hospital had given a commitment that no further contracting out of services would be implemented after the introduction of contract catering for staff meals in 1995.
The dispute was the subject of conciliation conferences under the auspices of the Labour Relations Commission on 18th July, 1996, 25th July, 1996, 6th August, 1996 and 7th August, 1996. During negotiations the Union put forward a number of conditions to be included as part of a comprehensive agreement if the introduction of contract catering was to be accepted. A one-day work stoppage took place on 26th July, 1996 and a further two-day stoppage on 8th and 9th August, 1996. A three-day stoppage for 21st to 23rd August, 1996 was also scheduled to take place. As agreement on many of the Union's claims could not be reached at conciliation, both parties agreed to refer the dispute to the Labour Court under Section 26(1) of the Industrial Relations Act, 1990. The Labour Court investigated the dispute on 16th August, 1996 and a letter recommendation issued on 20th August, 1996.
UNION'S POSITION:
3.AGENDA
1. (A) Catering: All permanent and temporary staff who wish to do so should be seconded to the private contractor retaining their existing conditions of employment including rates of pay, shift patterns and rosters. These conditions should be part of the contract to be given to any private contractor now or in the future.
(B) Three catering positions in Merlin Park Hospital: The positions of chef, cook and general operative should be offered to SIPTU members initially. Should more than one SIPTU member apply for any post, that post should be filled on the basis of seniority.
(C) Voluntary redundancy: The terms of the voluntary redundancy package should be available to all members of the existing catering staff who wish to avail of it. This redundancy package to be implemented at the time of the transfer of the existing operation to the private contractor.
(D) Transfer of a worker to the laboratories: One staff member (worker A) had sought a transfer to the laboratories. It is accepted that when a vacancy occurs in the laboratories, she will be transferred. In the interim she may avail of the option of employment with the contract caterer.
(E) Opt out: Any workers transferring to the private contract arrangement who do not find the arrangement suitable after six months will be given the first available acceptable vacancy thereafter in University College Hospital Galway or, alternatively, they should be facilitated under the voluntary redundancy package.
(F) Loss of earnings: Any loss of earnings will be calculated at the end of a twelve month period and paid within four weeks of application. The formula to be used for this calculation will be the "BallinasloeCatering Formula" as agreed with SIPTU.
(G) Training: There should be a minimum provision of five days training, participation in which will be voluntary. In line with the Nurses Agreement in University College Hospital Galway for co-operation with training for new technology, an allowance of two days holidays in each leave year 1996/1997 and 1997/1998 should be given to each member of staff who participates in the training.
(H) Uniforms, location of staff and Shop Steward: Issues of uniforms, location of staff and Shop Steward within the catering operation are for discussion between the staff and the contractor. However, the Western Health Board should use its good offices to ensure that staff concerns in these areas are dealt with satisfactorily.
(I) Incentive payment: The new catering operation will involve major changes for catering staff, while it will generate significant savings for the Western Health Board. The level of change and contribution to savings far exceed those of any agreement reached elsewhere in the public service under the terms of the Programme for Competitiveness and Work. A once-off lump sum payment of £1,000 should be made to all staff in the current catering section at the time of transfer to a private contractor.
(J) Transport of food and plating of meals: The transport of meals should be assigned to Western Health Board staff transferring to the contract operation and the plating, distribution of food, collection and washing of dishes should remain as a ward level function. Any other arrangement would cause major ongoing difficulties at ward level.
GENERAL
A. Students: For some time the Union has been seeking a significant increase in the rates of pay for students who engage in the full range of support staff duties and summer relief duties. The rate of pay at the top of the scale should be 80% of the minimum of the porter grade, with corresponding pro-rata amounts to be implemented on the 1st June, 1997.
B. Filling of permanent posts: The Union is seeking a confined competition to be arranged within one month for named workers with more than one year's continuous service with the Western Health Board. There are approximately 17 vacancies in Merlin Park Hospital and 22 vacancies in University College Hospital Galway (numbers to be agreed).
C. Merlin Park Hospital - Compensation for boilermen: The formula agreed at a previous conciliation conference to be implemented within one month.
D. Pass Machine: The agreement to install a Pass Machine at Merlin Park Hospital agreed as part of an agreement on Pay Path to be implemented within two months.
E. WorkerB: This worker transferred to other duties following the contracting out of the staff catering service. She is not settled in the alternative location and the Union requests that an acceptable alternative post in University College Hospital Galway be offered to her within one month, alternatively that she be facilitated in an application for the voluntary redundancy scheme within one month.
F. University College Hospital Galway - WorkerC: This is another worker who has not settled in alternative employment outside of the catering section and voluntary redundancy is sought on her behalf.
G. Loss of earnings/Catering Laundry transfer: This is a case of two people outstanding arising from the previous redeployment from catering. The Union is seeking the application of the "Ballinasloe CateringFormula" . .
H. Loss of earnings-WorkerD: The Union is seeking a recommendation for the application of the same formula as was previously applied in the loss of earnings case for the second darkroom technician.
I. Maintenance call-out: The current basic payment of £11.56 per week plus hourly formula is no longer acceptable. There are only three staff involved. A substantial improvement in the rate is sought.
J. Transfer request - WorkerE: The transfer of this worker to acceptable alternative duties within one month is sought.
K. Uncertified sick leave (USL): A difficulty was encountered where those on Monday - Friday rosters were being excluded from the USL Scheme on Mondays and Fridays. The Union accepts Management's commitment that there will be no re-occurrence of this difficulty.
L. Uniforms: The provision by the Western Health Board of uniforms and footwear for ward attendants and ward clerks, on the same basis as domestics and porters, is sought. These were previously supplied, but when a new uniform was agreed with the staff the Western Health Board refused to purchase the uniforms. The number of staff is approximately fifty.
M. Grade II for ward clerks: This issue to be pursued through the national procedures.
N. Shift premium for porters: This issue to be pursued through the national procedures.
O. Permanency for part-time employees and application of increments: The Union is prepared to pursue this issue at national level. This issue arose because of the application of increments to a small number of individuals, who because of their part-time designation, are being treated as temporary employees. It is the Union's intention to clarify this matter with local Management and, if the position is unsatisfactory, the Union will pursue the small number of individual cases to a Rights Commissioner as a matter of urgency and will seek Management's co-operation in this.
P. Safety Committee elections: This issue was raised because there was no date for new safety representatives elections. The Union accepts the commitment of October, 1996.
Item 3 - Future contracting of services: The Union is prepared to agree to the contracting out of the catering function, as part of a comprehensive agreement which should include a guarantee that no further contracting out of services will occur for a five year period.
HOSPITAL'S POSITION:
4.AGENDA
1. (A) Catering: All staff with more than one year's service will be offered assignment to the amalgamated catering service under existing terms of pay, holidays and superannuation and will remain as Board employees. Other staff will be a matter for the contractor.
(B) Three catering positions in Merlin Park Hospital: Permanent SIPTU members in University College Hospital Galway's main kitchen will be offered the three catering jobs available, i.e., one cook, one chef, one general operative, on a "first refusal" basis. If there are more applicants than there are positions available, interviews will be held and offers will be made based on those interviews.
(C) Voluntary redundancy: Should any member of the permanent catering staff wish to apply for voluntary redundancy, the Board agrees to consider any such application favourably.
(D) Transfer of a worker to the laboratories: The worker's interest in a position as domestic in laboratories is noted, but as no vacancy exists there at present, she will be offered a domestic position elsewhere and will be given a transfer to laboratories as soon as a vacancy arises.
(E) Opt out: Anybody who wishes to opt out from their assignment to the contractor will be accommodated at the first available vacancy. The opt out period is up to six months from the date of transfer to the contractor.
(F) Loss of earnings: The Board agrees that this claim should be settled by a recommendation of the Conciliation Officer, which he has intimated will be based on the "Ballinasloe Catering Formula". It is agreed that twelve months will be the period over which to establish the extent of any loss and that the claim will be processed within four to six weeks.
(G) Training: The Board will require staff to co-operate in training as required by the contractor. Where this involves off-site training, the approved subsistence allowances will be payable.
(H) Uniforms, location of staff and Shop Steward: Uniforms and location of staff are matters for the contractor. A Shop Steward is a matter for the contractor as regards operational issues. It is agreed that with regard to Western Health Board entitlement, a catering staff Shop Steward from among those assigned to the contractor will represent this group to the Western Health Board on such matters.
(I) Incentive payment: The Board cannot concede the Union's request for monetary compensation for staff who will be moving from the existing kitchen on the fourth floor to a modern kitchen on the ground floor.
(J) Transport of food and plating of meals: The transport of meals and plating of food should be the responsibility of the private contractor who will assign staff to that function.
GENERAL
A. Students: In the course of the conciliation conference Management indicated that this claim was more appropriate to discussion at Board level and the Labour Relations Commission undertook to progress the matter, with a date to be fixed within one month of this overall offer being accepted by SIPTU.
B. Filling of permanent posts: The Board agrees to the holding of a once-off confined competition for the filling of all existing vacancies at University College Hospital Galway and Merlin Park Hospital. The competition will be confined to staff with two years' service as previously negotiated and implemented in University College Hospital Galway in 1995/1996. The competition will be initiated within one month of agreement by SIPTU on the overall offer in relation to the contracting of patient catering.
C. Merlin Park Hospital - Compensation for boilermen: The recommendation of the Conciliation Officer which was recently accepted by SIPTU will be implemented within one month of this overall offer being accepted by SIPTU.
D. Pass Machine: Management is committed to the installation of a Pass Machine at Merlin Park, and is actively seeking to ensure that the Bank of Ireland fulfills its agreement to install the machine within the next two months.
E. WorkerB: The worker's request for a transfer will be considered in the context of an overall agreement on contract catering.
F. University College Hospital Galway - WorkerC: Application for voluntary redundancy in respect of the worker will be favourably considered (this could possibly be dealt with under the "opt out" clause).
G. Loss of earnings/Catering Laundry transfer: The Board agrees that this claim should be settled by a recommendation of the Conciliation Officer which he has intimated will be based on the "Ballinasloe Formula" instead of the previously agreed process of referring to a Rights Commissioner.
H. Loss of earnings - WorkerD: The Board agrees that this claim should be settled by a recommendation of the Conciliation Officer, which must take into account the Rights Commissioner's recommendation in relation to the loss of earnings for the second darkroom technician.
I. Maintenance call-out: In the course of the conciliation conference Management indicated that this claim was more appropriate to discussions at Board level, and the Labour Relations Commission undertook to progress the matter with a date to be fixed within one month of this overall offer being accepted by SIPTU.
J. Transfer request - WorkerE: The Board agrees to consider the worker's transfer request and will have discussions with him regarding a suitable vacancy.
K. Uncertified sick leave (USL): No difficulties are anticipated in the implementation of this agreement.
L. Uniforms: A new uniform costing £40 per person has been chosen by a uniform committee, but there have been no formal discussions with the Union regarding payment for same. The Board is prepared to discuss the issue.
M. Grade II for ward clerks: The Board is of the view that this is more appropriate to discussions at national level.
N. Shift premium for porters: This is not a local issue.
O. Permanency for part-time employees and application of increments: The matter of the status of the part-time employees is a national issue between the Departments of Health and Finance.
P. Safety Committee elections: The Board agrees that safety committee elections will be held before the end of Autumn 1996.
Item 3 - Future contracting of services: The Board cannot agree to give a guarantee that no future contracting will take place. However, it will agree to avoid expansion of contracting into any existing service before Autumn 1998, provided that a serious patient service or budgetary crisis does not arise. Any such crisis will be reviewed to establish the best option available.
RECOMMENDATION:
Despite intensive and protracted efforts at the Labour Relations Commission the parties failed to reach agreement on many of the items claimed by the Union in response to the Hospital's decision to contract out patient catering. The Court sets out below its recommendation on each of the items still in dispute, and in the interest of clarity, also records the items which were agreed prior to the Court’s hearing.
AGENDA
Contracting out of Patient Catering Service: - The Court recommends that the Union accept this proposal subject to the Hospital agreeing not to extend “contracting out” to any other service presently provided by the existing employees before Autumn 1999.
On the basis that both sides accept the above, the following will be implemented:-
1(A) Catering -Allexisting permanent and temporary staff who wish to do so will be seconded to the private contractor on existing conditions of employment etc. (as per Union submission).
1(B) The Court finds the Hospital's view reasonable and should be accepted.
1(C) The Court notes the Hospital’s view that it is prepared to consider favourably granting voluntary redundancy to any applicant subject to the usual conditions.
1(D) Agreed.
1(E) Should any person transferring to the private contractor wish to opt out after 6 months, the Hospital will offer the first available suitable vacancy or consider favourably the granting of voluntary redundancy (as at 1C above).
1(F) Agreed.
1(G) Training - The Court is satisfied from the discussions on this item at the hearing that training in new procedures will be essential. The Court accordingly recommends that all transferees be given the best possible training over an adequate period of time and be paid in accordance with the existing allowances where off-site training is involved. The Court considers the training issue important for the success of the operation. The Hospital should concede extra leave for 1996/97 and 1997/98 as claimed.
1(H) Agreed and Union’s position supported.
1(I) The Court cannot find a basis for recommending payment of compensation.
1(J) The Court recommends that the Union accept the Hospital’s proposals and both parties agree that after a period of 6 months they will review the operation and address any staff problems which may arise.
GENERAL
A. The Court notes that this item will be pursued at Board level with the assistance of the Labour Relations Commission within one month of acceptance of these proposals.
B. The Court recommends that all staff with a minimum of 1 year's service be eligible to compete for an agreed number of posts which will be advertised internally on a once-off basis. (The Court records that the parties were to meet following the Court hearing to agree the numbers).
C. Agreed.
D. Agreed - to be installed not later than 2 months from date.
E. Commitment to request noted.
F. Agreed.
G. Agreed.
H. Agreed.
I. To be pursued at Board level with assistance of Labour Relations Commission (as at A above).
J. Format agreed - Time limit of 2 months recommended.
K. Agreed.
L. Parties to discuss further.
M. Agreed - to be taken up at National Level.
N. Agreed - to be taken up at National Level.
O. Agreed - to be taken up at National Level.
P. Agreed.
Item 3 - See 1st paragraph.
The Court urges both parties to accept the above recommendations.
Signed on behalf of the Labour Court
Evelyn Owens
30th August, 1996______________________
D.G/D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.