INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
SOUTHERN HEALTH BOARD (CASTLETOWNBERE COMMUNITY HOSPITAL)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Roster change.
2. The Hospital provides care for 33 elderly patients, and nurse cover is 24 hours per day. The dispute concerns the non-nursing roster in that there is no staff rostered to provide cover between 6.30 p.m. and 9.00 p.m. A number of meetings took place at local level without agreement being reached and the dispute was then referred to the Labour Relations Commission. At the conciliation conference, a proposal was made by the Board and the following are the main points:
- Phase Onewith immediate effect the roster cover to be extended to 8.00 p.m. All members of non-nursing staff to receive two days' leave on a once-off cost-neutral basis in the current year i.e. 02/03 leave year.
- Phase Twowith effect from 1st April 2003, the roster cover to be extended up to 9.00 p.m. in exchange for two days' leave in the leave year 03/04 on a once-off cost-neutral basis.
- A once-off confined competition for existing temporary staff to maximise the number of permanent posts in the location in the hospital.
The proposal was put to ballot but was rejected. The Union was prepared to negotiate a settlement which would have included a once-off lump sum of €1,270 but the Board was not agreeable.
- The dispute was referred to the Labour court on the 7th of June, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd of October. 2002, in Cork, the earliest date suitable to the parties.
3. 1. The proposed roster change will impact greatly on the personal lives of the non-nursing staff.
2. The Union put forward a number of proposals (details supplied to the Court) but they were rejected by the Board. The Union wishes to resolve the issue in an amicable manner.
4. 1. The patients are highly dependent on 24 hour care.
2. There is an Analogue Agreement for Local Authority and Health Services, 1998, which was accepted by the Union, and includes a range of productivity measures, including the issue of rosters.
3. The Board is willing to make substantial concessions by way of a confined competition and additional annual leave in seeking the Union's co-operation.
The Court has considered the position of both sides. The Hospital wishes to extend non-nursing cover between 6.30 p.m. and 9.00 p.m. so as to provide twenty four hour care in line with nursing cover. The Hospital has put forward a proposal which will ensure that no care attendant will be required to increase their hours of work but will be required to provide cover during the required periods four times every six weeks. Management stated that it would look sympathetically at reasonable requests with regard to the new roster as it had done in the past.
The Court recommends that the proposal which emenated at the Labour Relations Commission should be accepted with an amendment to the proposed extra days annual leave; instead of an extra two days in the leave years 02/03 and 03/04, the Court recommends that three days' leave should be granted in both leave years.
Signed on behalf of the Labour Court
14th October, 2002______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.