LCR15385

FULL RECOMMENDATION CD/96/377 RECOMMENDATIONNO.LCR15385 (CC95/1601) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTHERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member:

SUBJECT:
1. Dispute concerning compensation for the introduction of 'cook chill'.






BACKGROUND:

2. The dispute concerns catering workers employed at St. Stephen's Psychiatric Hospital, Cork, which caters for 300 patients. Prior to 1990, all meals for patients were fully cooked and delivered to the wards from the main kitchen. In 1990, the Board introduced cook chill which involves cooking various meals which are then chilled and stored and regenerated within 4 days. The Union claims that the new system contained a substantial amount of extra work and responsibility which was not anticipated by the workers concerned and claimed compensation on behalf of the workers. Management rejected the claim. The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 30th January, 1996. Agreement was not possible and the dispute was referred to the Labour Court by the Labour Relations Commission on the 2nd July, 1996. A Court hearing was held in Cork on the 28th November, 1996.



UNION'S ARGUMENTS:

3. 1. When 'cook chill' was introduced there was no other hospital in Cork which had that system, therefore, it was not possible to establish the real effects of its introduction. The Union accepted the process on the basis that it would be reviewed after 12 months. This did not occur. The Board's offer of compensation was inadequate and was rejected.

2. There is additional work involved with 'cook chill'. The workers also have extra responsibility in ensuring that food is preserved and served at the correct temperature.

3. The Board has achieved substantial savings in staff reduction levels in the main kitchen and dining hall.



BOARD'S ARGUMENTS:

4. 1. 'Cook chill' was introduced following consultation and agreement with the Union. Since its introduction there have been regular reviews and a number of changes were made (details supplied to the Court).

2. At a meeting in December, 1994, the Union again reiterated its claim for compensation and maintained that when the system was introduced in St. James's Hospital it was agreed to allow workers one days annual leave on a once-off basis. The Board is prepared to grant one day's annual leave to workers concerned on a once-off basis. This extra day's leave to be availed of during the current leave year.





RECOMMENDATION:

The Court finds that at various stages concessions were introduced by management in return for the agreed introduction of cook chill.

The Court finds no grounds for recommending further concessions on this issue.



Signed on behalf of the Labour Court



Finbarr Flood
6th December, 1996______________________
T.O'D./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.