INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
HEALTH SERVICES EXECUTIVE SOUTHERN AREA
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Change of roster.
2. Skibbereen Community Hospital provides care for 40 patients. It is Management's primary objective that a consistent level of care be provided throughout a twenty-four hour period. A deficiency was identified in the Support Services roster in that no Support Service staff were rostered to cover the hours of 7.00p.m to
8.30 p.m. Management sought additional funding to meet this deficit and this was subsequently secured.
Detailed discussions took place between local Management and SIPTU representing the staff concerned with a view to meeting a full service requirement of twenty-four hour cover. A number of roster options were offered to staff but no agreement could be reached.
The 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 30th May, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th December, 2005.
3. 1.Management's proposal introduces unsociable hours and late finishes which were heretofore unnecessary.
2.A significant extension to the working day involving a late finish could not be characterised as normal ongoing change.
4. 1. The current Parallel Benchmarking Agreement sets out a comprehensive change/modernisation agenda for Support Services Staff within the Health Services.
2. The change being proposed in Skibbereen Community Hospital is minimalist and in Management's view should be dealt with as "ongoing change".
3. Management's proposed roster also contains an offer of an additional 56 hours to facilitate the opening of a new Unit within the Hospital which will further enhance patient care but will not result in any additional beds.
The Court is satisfied that the change proposed by Management amounts to normal ongoing change and is reasonable in all the circumstances. Accordingly, the Court recommends that the proposal be accepted by the Union and implemented.
Signed on behalf of the Labour Court
9th January, 2006______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.