FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Tobacco free proposals.
BACKGROUND:
2. The dispute concerns a decision by the Hospital to make Dr. Steevens' Hospital a tobacco-free campus (meaning that smoking will be prohibited in the buildings or on any part of the grounds). In 2004, following an agreement between the parties, a gazebo (smoking hut) was erected on the grounds of the Hospital, and it is the proposed closure of this that concerns the current dispute.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 23rd May, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th August, 2011, in Kilkenny.
UNION'S ARGUMENTS:
3. 1. An agreement was put in place in 2004 regarding the gazebo and it continues to operate successfully. The HSE cannot make a unilateral decision to do away with the agreement.
2. Precedents quoted by the HSE for tobacco-free zones relate to hospitals. The gazebo is a separate building on the Hospital grounds. If the HSE intends making such buildings tobacco-free there should be discussions at national level in the first instance.
HSE'S ARGUMENTS
4. 1. The process of making the Hospital a tobacco-free campus is being implemented under the HSE's Tobacco Control Framework and reflects current international best practice. The Framework stipulates that all HSE campuses will become tobacco-free within 5 years.
2. A Working Group was established to make the Hospital a smoke-free zone and this includes the removal of the gazebo. The Union were invited to participate in the process and the Group has informed staff of the numerous support systems in place for those who wish to quit smoking.
RECOMMENDATION:
The Court accepts that the facility at issue in this case was introduced in consequence of an agreement between the parties. However, no agreement can be regarded as immutable for all time and changed circumstances may require a change in terms previously agreed.
In this case the proposal to promote the HSE's principal office campus as a tobacco free area is commendable on health grounds. The implementation of that policy ought not to be obstructed by the terms of an agreement entered into in different circumstances. Accordingly, the Court recommends that the HSE's position on the removal of the facility in issue so as to prohibit smoking throughout the campus be accepted.
The Court recommends, however, that the parties should have discussions with a view to identifying practical and effective measures to assist affected employees to comply with the new arrangements.
Signed on behalf of the Labour Court
Kevin Duffy
17th August, 2011.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.