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2002

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LCR17289

FULL RECOMMENDATION

CD/02/195
RECOMMENDATIONNO.LCR17289
(CC02/4011)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
SOUTH WESTERN AREA HEALTH BOARD

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr. Somers
SUBJECT:
1. Rotation of care attendants between wards.


BACKGROUND:

2. St. Vincent’s Hospital, Athy, provides an extensive range of services for older persons in Kildare/West Wicklow. The dispute before the Court relates to the rotation of care attendants between wards in St. Vincent’s Hospital.
  • In 1999 management sought to re-introduce the practice of internal rotation for care attendants, each care attendant would be required to move to another ward within the hospital every six years. The Union resists the re-introduction as their members believe that they show a high level of flexibility and commitment to their work environment. No agreement was reached following discussions between Management and SIPTU.






The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 4th April, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Monasterevin on the 26th September, 2002, the earliest date suitable to both parties.

UNION'S ARGUMENTS:

3. 1. The practice of enforced internal rotation had a distressing and disruptive effect on the workforce. Staff are flexible and willing to cover areas of shortages throughout the hospital.

2. There is no financial or promotional benefit for members, with a loss of earnings incurred by members due to past internal rotation.

3. Temporary staff spend an average of two to three years re-locating to all areas of the hospital gaining overall experience by the time they receive permanent positions.

4. Members regularly complete Educational Courses indicating their willingness to move forward.

5. Members’ flexibility regarding rotation is evident on a daily basis in the hospital.

6. The Union would like the matter to be dealt with by the Partnership Committee in a non-adversarial setting.

BOARD'S ARGUMENTS:

4. 1. Rotation of staff within the hospital was the practice prior to 1999, with the exception of one year.

2. Contracts assign staff to a location, they are not ward specific.

3. Stability and flexibility are essential in meeting the demands of the service.

4. Job rotation is of benefit in providing opportunity for staff. Non rotation can lead to increased levels of absenteeism.

5. The Director of Nursing reserves the right to manage patient care services which includes the rotation of staff where and when necessary.

6. Management has done everything possible to facilitate staff on a daily basis with regard to unplanned leave and unexpected events.













RECOMMENDATION:

The Court considered the written and oral submissions made by the parties.

While conscious of the concerns expressed by the staff in relation to rotation, the Court is of the view that rotation every 5/6 years as proposed should not be too stressful.

The Court having considered all the issues involved finds the proposals of 23rd March, 2001, as outlined in 2.13 of the Company submission, to be reasonable and recommends that the staff accept this programme.

The Court notes the Management invitation to the Union to draw up guidelines and criteria for rotation, and recommends that this process be used by the Union to address the concerns of the staff.



Signed on behalf of the Labour Court



Finbarr Flood
11th October, 2002______________________
CH/MB.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Caroline Hayes, Court Secretary.




 
 
 
 
 
 
 
 
 

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