Labour Court Database __________________________________________________________________________________ File Number: CD87119 Case Number: LCR11134 Section / Act: S67 Parties: MIDLAND HEALTH BOARD - and - ITGWU |
Dispute concerning (i) the creation of a second deputy ward sister post and (ii) the permanent appointment of five registered nurses of the mentally handicapped presently employed in a temporary capacity at St. Peter's Centre for the mentally handicapped.
Recommendation:
9. Creation of deputy ward sister post(s)
The Court is satisfied that on balance this claim is correctly
before the Court. Having considered the submissions from the
parties the Court is of the view that it would not be justified in
recommending concession of the claim.
Permanent appointment of 5 registered nurses:
In view of the Board's offer to have discussions locally in Autumn
1987, the Court recommends that the Union await the outcome of
these discussions. If finality is not reached by 30th September,
1987 the Union should refer the claim back to the Court who will
then issue a recommendation.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD87119 THE LABOUR COURT LCR11134
CC861900 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11134
Parties: MIDLAND HEALTH BOARD
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning (i) the creation of a second deputy ward
sister post and (ii) the permanent appointment of five registered
nurses of the mentally handicapped presently employed in a
temporary capacity at St. Peter's Centre for the mentally
handicapped.
General background:
2. St. Peters Centre, Castlepollard provides residential care for
approximately 120 people. The Centre is run by the Midland Health
Board. A review committee is studying the Board's needs in
relation to major developments in the community care area. It's
report is expected in a few months time. Arrangements are in hand
to provide hostels in local main towns for residents who are
deemed able to live in such accommodation. Two hostels for eight
residents have been opened in Mullingar in December, 1986 and
there are plans to open more hostels in other areas. The Union
lodged the above mentioned claims with the Board at a meeting held
on 4th November, 1986. The claims were rejected by the Board and
the issues were referred to the conciliation service of the Labour
Court on 18th November, 1986. A conciliation conference was held
on 18th February, 1987. As no agreement was possible both parties
agreed to refer the matter to the Labour Court for investigation
and recommendation. A Labour Court hearing was held in Mullingar
on 31st March, 1987. At the hearing the Board expressed it's
doubts as to whether the claims were proper for the Court having
regard to the Local Authority and Health Services Conciliation and
Arbitration Scheme. The Board indicated that they were prepared
to have the claims investigated by the Court should the Court
decide to do so.
Background - Creation of post for deputy ward sister
3. There are 4 ward sisters employed at St. Peter's Centre, and
the wards concerned have 30 patients. When a ward sister is on
rest days or leave, in common with other health board hospitals
(where ward sister posts exist) with the exception of psychiatric
hospitals, the head of nursing, in consultation with the ward
sister, designates a nurse on the ward to take charge. If the
nurse is in charge of the ward for a week or more a nationally
approved acting allowance is payable. In psychiatric hospitals,
an arrangement for permanent deputy ward sister already exists.
The Union claimed that in the interest of continuity of patient
care a post of deputy ward sister should be established.
Union's arguments:
4. (a) Originally the Centre was a mixture of psychiatric and
mentally handicapped patients from St. Loman's
Hospital, Mullingar who were nursed by psychiatric
nurses. The ward supervisory arrangements were the
same as psychiatric hospitals. When the Centre was
redesignated the psychiatric patients and some of the
nurses returned to St. Lomans. This leaves a nurse
taking charge when the ward sister is off-duty.
(b) Because of the duty spread, a nurse deputising for a
ward sister has to provide cover for 3 days for which
no extra allowance is payable. Management expect her
to take this responsibility and should any occurrence
or incident happen expect the nurse concerned to answer
all the questions. Most of the patients require
constant nursing care.
(c) In the interest of continuity of patient care the post
of deputy ward sister should be established.
Board's arguments:
5. (i) The system for "acting up" in St. Peter's is the same
as for all hospitals (excluding psychiatric hospitals)
run by the health boards.
(ii) Nurses as they gain experience are expected to take
more responsibility and their salary scale (#9.204 by 8
increments to #11,690) reflects this position.
(iii) The Board considers that the present arrangements do
not affect continuity of care of patients.
(iv) A comparison has been made with the psychiatric
service. Supervisory arrangements in psychiatric
hospitals has its origins in circumstances which are
different from general or other hospitals or St. Peters
Centre (details supplied to the Court).
Background - permanent appointment of temporary nurses:
6. There are five R.M.N.H. nurses employed on a temporary
contract basis at St. Peters Centre. Four have been employed
since July/August, 1985 and one has been employed since March,
1986. The Union is pressing for the setting up of a competition
under which all of these nurses and others would be examined and
placed on a panel for established appointments.
Unions' arguments:
7. (a) The workers in question form a necessary part of the
complement of the Centre. They are not in any way
supernumerary or additional to staffing needs. Indeed
the Board itself recognises that it could not let these
workers go as to do so would seriously dilute the
standard of care.
(b) Apart from the obvious disadvantage of not having
permanent status there is the additional penalty that
these workers may not progress beyond the first point
of the incremental scale. While this is common there
have been occasions where health boards have recognised
the special problems leading to long term temporary
posts and awarded increments. This is the very least
which should be considered here.
(c) While the Union recognises that the Board has financial
difficulties, they are getting the best of both worlds
at the expense of the workers concerned. If they were
not necessary, they would not be in employment. If
they are necessary they should enjoy the same benefits
and status as permanent workers.
Board's arguments:
8. (i) The Board has advised the Union that it could only
undertake to advertise a competition for staff nurse at
St. Peters where there is a reasonable expectation of
appointment being made from the panel formed as a
result of the competition.
(ii) Because of the programme for opening hostels and the
need to provide for staffing of these units from the
existing budget of St.Peter's there is a need to retain
a flexible position on staffing at St. Peter's until
staffing of the hostels and the general financial
position becomes clear. The Board has offered to have
discussion on this claim in Autumn 1987. It considers
that this is a reasonable approach in the
circumstances.
RECOMMENDATION:
9. Creation of deputy ward sister post(s)
The Court is satisfied that on balance this claim is correctly
before the Court. Having considered the submissions from the
parties the Court is of the view that it would not be justified in
recommending concession of the claim.
Permanent appointment of 5 registered nurses:
In view of the Board's offer to have discussions locally in Autumn
1987, the Court recommends that the Union await the outcome of
these discussions. If finality is not reached by 30th September,
1987 the Union should refer the claim back to the Court who will
then issue a recommendation.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________________
Deputy Chairman
27th April, 1987
M.D./J.C.