FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE (SOUTH) MALLOW GENERAL HOSPITAL. - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Duties
BACKGROUND:
2. The issue before the Court concerns the hanging of curtains in the hospital wards. Following the result of a National Recommendations for the Hygiene Audit in 2006 this became a major issue. It recommended that curtains be taken down twice a year. The Union support the National Recommendations but issues arise concerning the taking down of curtains. These involve staffing, insurance cover and the category of worker involved in the process. The position of the Health Service Executive (HSE) South is that this function falls within the remit of Support Services Grades and this is the consistent position across the HSE South.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 13th October, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th November, 2007.
UNION'S ARGUMENTS:
3. 1 Staffing is not sufficient to carry out this task as well as all the other duties carried out by Support Service Grades. The freeze on staff recruitment and the non replacement of sick relief has put further pressure on staff. There are more than 90 curtains to be removed and put back up twice yearly. The Union are seeking extra staff or that overtime be granted so that a dedicated number of relief staff be brought on duty to perform the task at the recommended time periods.
2 The Union's members have never received written assurances form the HSE that they are covered by insurance to carry out the task of removing curtains from the rail, which is 6 feet from the ground and requires a step ladder to be done.
3 In other hospital locations another category of workers perform this role.
COMPANY'S ARGUMENTS:
4. 1 The HSE South is satisfied that this task is appropriately assigned to the Support Services Staff in the Hospital and is fully reflective of the job description attached to these grades.
2 The HSE South is satisfied it has given full regard for the issues raised by the Union and has responded on a proactive and consultative basis. This includes the purchase of safety steps specifically for the task, dedicated training and a change in the design of the curtains making them easier to hang.
3 The HSE continues to provide support to staff members concerned with the undertaking of this task.
RECOMMENDATION:
The task of removing and hanging of curtains is appropriate to the work of multi-task operatives and in consideration of the time factor involved, the work should be carried out as directed with reference to the National Hygiene Assessment process. The Court so recommends.
The Court notes that it is agreed between the parties that all such work being carried out is fully insured.
Signed on behalf of the Labour Court
Raymond McGee
17th December, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.