LCR16328

3. Hall porter's duties.

4. Number of X-Ray & ultrasound porters.

5. Gaps in porter coverage.

BACKGROUND:

2. The dispute before the Court concerns a claim by the Union for additional porters at St. Luke's Hospital. Details are as follows:

(1)Number of Night Porters
At present there are two porters on night duty. The Union claims this is not adequate and should be increased to four. The Board feels there is no justification for this claim.

(2)Theatre Porter On-Call
At present night porters are required to leave their own duties and go to Theatre when called for. The Union considers this to be unfair and claims that there should be theatre porters on-call to cover Theatre at night. It is the Board's view that Theatre activity at night does not justify the provision of a porter on - call.

(3) Hall Porter Duties
At present Hall porters are required to cover for cleaning staff and other porters throughout the hospital. This is not acceptable to the Union. The Board states that the hall porter job is flexible and he is required to cover in other areas where there is need.

(4) Number of X-Ray & Ultrasound Porters
The Union claims that the level of activity has increased in this area and the present number of staff should be increased to three.


The Board does not accept the need for an increase in staff in this area.

(5) Gaps in Porter Coverage
At present there is only one hospital porter on duty between the hours of 6.00 p.m. and 8.30 p.m. on Saturdays and from 7.00 p.m. and 8.30 p.m. on Sundays. According to the Union there is a need for a second porter. The Board has offered to address this issue by re-allocating the existing hours and providing overtime.

The issues could not be resolved at local level. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 21st of July, 1999. As agreement was not reached the dispute was referred to the Labour Court in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th of October, 1999.


UNION'S ARGUMENTS:

3. 1. Number of Night Porters
There is a need for two additional night porters due to the building of new extensions and expansion of wards which has created more work for the two night porters employed at present.

2. Theatre Porter On-Call
The present system whereby night porters are required to leave their own duties and go to Theatre immediately they are called for is unfair. Given that the level of theatre activity at night has increased, there is a need for a theatre porter on-call.

3. Hall Porter Duties
The hall porter should be maintained in his position and not used to cover for cleaning staff and other porters throughout the hospital.

4. Number of X-Ray & Ultrasound Porters
The level of activity and new services in this area have increased. At present three porters are necessary to staff this area.

5. Gaps in Porter Coverage
There is only one hospital porter on duty between 6.00 p.m. and 8.30 p.m. on Saturdays and between 7.00 p.m. and 8.30 p.m. on Sundays. These are the busiest visiting times in the hospital, therefore, there is a need for a second porter.


COMPANY'S ARGUMENTS:

4. 1. Number of Night Porters
As there is not a lot of activity at night in the hospital the claim for extra porters cannot be supported.

2. Theatre Porter On-Call
Theatre porter duties can be carried out by existing staff.

3. Hall Porter Duties
This job requires flexibility and this is needed for the efficient running of the hospital. The Board does not agree that the duties of the hall porter should be limited.

4. Number of X-Ray & Ultrasound Porters
In this area Management has increased the hours from 39 to 77 and is not prepared to offer any further increases.


5. Gaps in Porter Coverage
An offer has been made to re-allocate existing hours and provide overtime. Additional staff is not necessary.



RECOMMENDATION:

The Court is of the view that the validity of the Union's claim could only be assessed following a study of the work of portering staff in a number of similar hospitals.

The Court recommends that the parties should agree a list of general hospitals of similar size in the South Eastern Health Board area and that of other Health Boards, which would be used as a reference point for determining sufficient staffing levels.

The parties should also agree a suitable assessor to conduct the study of adequacy of staffing levels at St. Lukes by reference to the agreed list of analogous employment.



Signed on behalf of the Labour Court



Kevin Duffy
22nd October, 1999.______________________
GB/BCDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.