FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTHERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Various issues concerning five porters.
BACKGROUND:
2. The dispute concerns a claim for additional portering cover on nights, at Mallow General Hospital, and a number of other issues regarding deployment. Following a conciliation conference under the auspices of the Labour Relations Commission, a proposal emerged which included the provision of an additional porter on nights from 8.00 pm to 2.00 am, one and a half portering posts in the basement area with the other half on the wards (2.00 pm to 6.00 pm), the filling of three vacancies by seniority and the changing of the shift roster to 7 nights on, 7 nights off. The only obstacle to the acceptance by the parties of the proposals arose due to the necessity on the part of the Board to find extra resources to fund the additional post on night duty. Consequently, agreement was not reached and the dispute was referred to the Labour Court, on the 16th of October, 1997, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court carried out its investigation, in Cork, on the 25th of February, 1998.
UNION'S ARGUMENTS:
3. 1. When the hospital was upgraded from a County Hospital to a General Hospital, there was a considerable increase in its capacity and in turnover of patients leading to greater workload and responsibilities for the staff concerned.
2. The workers concerned have been flexible and co-operative over the past 3 years that the issues have been discussed, in order to facilitate an early resolution to the dispute. Accordingly, the positions in question should be filled and additional night porter should be appointed.
BOARD'S ARGUMENTS:
4. 1. Extra funding was sought from the Department of Health for the additional post of night duty from 8.00 p.m. to 2.00 a.m. but the Board was advised that the post should be included as part of the overall staffing proposals for the hospital. This is a matter that should still be pursued with the Department of Health. In the meantime, agreement should be reached on the other issues outstanding.
RECOMMENDATION:
Having considered the submissions, the Court is satisfied that there is merit in the Union's claim for an extra post of porter and, accordingly, recommends concession of the claim.
With regard to other items in dispute the Court notes that both parties are agreed that the proposals emanating from conciliation are acceptable and recommends, therefore, that they be implemented.
Signed on behalf of the Labour Court
Evelyn Owens
13th of March, 1998______________________
M.K./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.