FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH EASTERN HEALTH BOARD (WATERFORD REGIONAL HOSPITAL) - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Seven-day cover: Portering staff.
BACKGROUND:
2. The dispute relates to a claim by the Union for seven-day cover by porters in the Accident and Emergency (A&E) Unit in Waterford Regional Hospital. The matter was the subject of a conciliation conference under the auspices of the Labour Relations Commission arising from which a set of settlement proposals issued in January, 1997, recommending that the Union accept management's offer of an additional porter on a Monday to Friday basis. It was further recommended that the situation be maintained by both parties and that a review be held after two months. Should it have emerged that an additional porter was also required at weekends, it was recommended that the Hospital should make it a priority to provide such cover from available resources. Subsequently, an additional portering post was assigned to the A&E Department on a Monday to Friday basis. However, the proposed review did not take place. The Union referred the matter to the Labour Relations Commission and a second conciliation conference took place. The Union is seeking seven-day cover in the A&E Unit and an undertaking that the most recent appointee to the A&E Unit not be subject to be called upon by other areas of the Hospital. The Board has rejected the Union's claim for seven-day cover on the basis of cost. The Board also maintains that the most recent appointee is subject to be called upon by other areas of the Hospital, as and when available. Agreement was not reached and the matter was referred to the Labour Court, on the 22nd of October, 1997, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation, in Waterford, on the 28th of January, 1998.
UNION'S ARGUMENTS:
3. 1. The results of the Union's monitoring of the shift clearly detail a workload which justifies seven-day cover.
2. The Board did not produce any data for any period from March, 1997 to September, 1997 and advised the Union that it had resources only to cover 39 hours per week over five days. In addition to not making any attempt to monitor the workload in the A&E Unit, the Board insisted that the additional porter on the 4.00 p.m. to midnight shift should cover the rest of the Hospital as well as the Accident and Emergency Unit. This is unacceptable to the Union, as the original Labour Relations Commission document clearly relates to A&E only.
3. The workload in A&E is as busy at weekends as on any other day of the week. The porters have been required to take on additional duties such as taking patients to the new Dialysis and Maternity Units.
4. It is unreasonable that workers are being asked to increase, continually, their workload whilst the Hospital expects the service to remain the same. If the situation is not rectified there will be a decline in the current service.
BOARD'S ARGUMENTS:
4. 1. There are currently no additional resources available to be assigned to the portering services within the Accident and Emergency Department, other than the 39-hour post redeployed from the incinerator room, to be based in the A&E Unit and providing a general portering service within areas of demand within the Hospital.
2. The situation has been reviewed by the Board and it is its view that the additional hours are best utilised on a Monday to Friday basis.
RECOMMENDATION:
Having considered the submissions from the parties, the Court is of the view that the proposals of the Industrial Relations Officer, whilst accepted by both parties, have not been implemented in full.
The Court, accordingly, recommends that the proposed joint review be now carried out and the recommended manner of dealing with the outcome be agreed.
Signed on behalf of the Labour Court
Evelyn Owens
11th of February, 1998______________________
M.K./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.