FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST BRENDANS HOSPITAL, LOUGHREA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Organisation of Roles, Responsibilities and Rosters
BACKGROUND:
2. St. Brendan's Hospital, Loughrea is a geriatric hospital with 128 beds. This dispute concerns the hospital's decision to introduce a dedicated cleaning team, the devolving responsibilities for rosters to ward level and access to premium payments. The Union, which is not opposed to the introduction of a dedicated cleaning team once none of its members are placed on a roster that they do not wish to be on, is concerned about rosters being done at ward level and the impact this may have on those currenly working premium days.
This 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 14th January 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th June 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The workers were recruited to the post of Hospital Attendant - with a contract of employement and job description that reflect this - not as Cleaners.There are substantial and fundamental differences between the role of Hospital Attendant and that of Cleaners.
2. The Hospital decided unilaterally to change the job title and job description of the Hospital Attendants.
3.Management have the option to recruit and fill the Cleaner positions when current Hospital Attendants retire or resign.
EMPLOYER'S ARGUMENTS:
4. 1. Although bed numbers have been reduced to improve the patient-staff ratio, staffing levels remain unchanged.
2. The devolution of the management of staff, which has been embraced by nursing staff, now needs to be accepted by non-nursing staff.
3.The segregatation of roles and responsibilities, and the creation of a cleaning team is recognised as a necessity to meet enhanced standards of hygiene and improved levels of care.
RECOMMENDATION:
The Court recommends as follows in relaton to the matters before it: -
Centralsied Rostering
The Court recommends that the parties should have further discussions on the practical applications of the HSE's position.
Job Titles
The Court recommends that this matter be resolved in accordance with the National Agreement.
Cleaning
The Court both notes and understands the position of the workers on this issue. However, there is an acknowledged imperative to introduce the type of arrangement proposed by management. The Court accepts that there is no viable alternative to the proposal to deploy Health Care Assistants in this role on an interim basis. Against that background the Court recommends that the management proposal be accepted on the following basis: -
Each Health Care Assistant should be assigned to the dedicated cleaning team once and only once and for no longer than 12 weeks.
In the exceptional circumstances of this case the Court recommends that each Health Care Assistant who participates in this interim arrangement should receive a once-off allocation of an additional day of annual leave.
Signed on behalf of the Labour Court
Kevin Duffy
07 July, 2008______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.