FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE WATERFORD GENERAL HOSPITAL - AND - UNITE THE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Flexibility of Theatre Porters.
BACKGROUND:
2. This dispute concerns the flexibility of 14 Theatre Porters in Waterford General Hospital. The Theatre Porters operate a work and finish scheme. Due to recent cutbacks and increased pressures on Hospital resources Management seeks to terminate the work and finish agreement. 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 17th December 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 20th March 2015.
UNION’S ARGUMENTS:
3. 1. Theatre Porters operate a work and finish arrangement by agreement with the Hospital. This was originally introduced when Theatre Porters might not be in a position to avail of structured breaks while at work. The agreement recognised that the efficient operation of the Hospital required Theatre Porters to be available for work as and when required during the day. As a consequence they, with the approval of their Supervisor, were allowed to leave the Hospital before their formal finish time when their work for the day was completed.
2. The Theatre Porters are fully aware of the service needs in theatre and accept that the current flexibility agreement cannot be interpreted as simply an opportunity to finish their shift early.
3. The Union is prepared to agree changes to the early finish agreement that meet the needs of the Hospital. It is not, however, prepared to abandon the agreement in its entirety.
EMPLOYER'S ARGUMENTS:
4. 1. There are currently 14 Porters assigned to the Theatre Department with the roster extending out over a 24/7 period. The Theatre Porters are part of a multi-disciplinary team which must ensure patient safety first by working as a team with good communication skills.
2. There have been numerous discussions around the historical local agreement that pertains to the Portering staff in the Theatre Department. This agreement is no longer tenable given the increase in activity within the Theatre Department and changes to staff levels within the Hospital including the Theatre Complex.
3. It is Management's expectation that the Theatre Porting staff, in line with all other employees, remain at work until the end of their rostered finishing time.
RECOMMENDATION:
The Court notes the progress made between the parties in the course of the hearing and accordingly recommends that they return to direct discussions with a view to concluding an agreement that meets the Hospital’s and Union’s needs and aspirations.
Issues, if any, that remain outstanding between the parties at the end of those discussions may be referred back to the Court for a definitive Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
27th March, 2015.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.