FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH EASTERN HEALTH BOARD SAINT JOSEPH'S HOSPITAL, CLONMEL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. (1) Extra staff in St. Joseph's Ward.
(2) Assistance at switchboard area.
BACKGROUND:
2. In early 1998 the Union met with Hospital Management to discuss a claim for an additional night porter to be assigned to St. Joseph's ward in St. Joseph's Hospital, Clonmel. The Union states that the nightman's duties have increased considerably over the past few years and are now too onerous for one person to carry out. The second claim is for an additional person to be assigned to the reception area during peak times. The Union claims that the removal of a porter in 1994, who dealt with personal callers, has increased the workload of the telephonists who are located in this area.
The claims were the subject of local discussions and of a conciliation conference under the auspices of the Labour Relations Commission on the 25th of June, 1998. As agreement could not be reached, the Union requested referral to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 30th of September, 1998, in Clonmel.
UNION'S ARGUMENTS:
3. 1. An additional night attendant is urgently required. The duties carried out by the nightman are considerably more onerous than those carried out a couple of years ago. The new Treatment Room, through which all patients are admitted, dealt with 6,195 patients in 1996 alone, an increase of 4,728 since 1990.
2. The nightman's duties in the Treatment Room necessitate his absence from the switchboard and reception area for lengthy periods. He then suffers abuse from irate callers who had made emergency calls. He is also unable to supervise the front door which is often left unsecured by visitors leaving the hospital.
3. The absence of another male member of staff is a security risk and staff have suffered threats and intimidation. The severe stress experienced by the staff concerned is becoming intolerable.
4. The increase in services provided by the hospital and the installation of additional telephone lines has resulted in a significant increase in enquiries from the public. It is imperative that a person is assigned to deal with personal callers during peak times to enable the telephonists to carry out their switchboard duties.
BOARD'S ARGUMENTS:
4. 1. Following local discussions a more secure means of controlling the front door has been put in place. Management suggested that the night porter should carry a portable telephone when away from the switchboard to enable him to deal with 999 calls. This proposal was rejected.
2. Approval has been received for the purchase of a new switchboard which will be installed in a matter of months. The rationalisation of St. Luke's Hospital, St. Joseph's Hospital and the Community Care Centre, and the subsequent provision of a 24 hour service, will relieve the night porter of telephone duties and will relieve pressure on the switchboard during the day.
3. The Board recognises that difficulties exist but is curtailed by budgetary constraints with regard to providing any additional staff. Management will consider improving sign posts or any other suggestions which staff may propose.
RECOMMENDATION:
Public service bodies are subjected to restrictions in their expenditure and the Labour Court is fully aware that they are required to stay within their budgets. However, it is up to each body to ensure that this is done, bearing in mind the primary purpose of the body in question, but in a manner which does not discriminate against any section of its staff.
In this case Management accept that the claimants involved are having an extra load imposed on them until changes are implemented to the telephone system and reception arrangements. Noting this admission, the Court recommends that the present arrangements continue for not more than a further three months, i.e., not later than 31st December, 1998.
In the intervening months any steps which can be taken to improve the situation, e.g., signposting, allocation of a mobile phone, etc., should be taken.
If the Management has not implemented their proposed changes by that date, then supplementary staff must be assigned, on a temporary basis if necessary, from 1st January, 1999, until permanent arrangements are in place.
Signed on behalf of the Labour Court
Finbarr Flood
16th October, 1998______________________
D.G./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.