Labour Court Database __________________________________________________________________________________ File Number: CD90348 Case Number: LCR13025 Section / Act: S67 Parties: HOLLES STREET HOSPITAL - and - IRISH NURSES ORGANISATION |
Claim on behalf of the ward sister in the Neonatal Unit and Neonatal Intensive Care Unit for regrading/re-classification to that of unit nursing officer.
Recommendation:
7. The Court has considered the submissions made by the parties
and notes that all the criteria which one normally required for
the establishment of the post of unit nursing officer do not exist
in this case. However having regard to the workers particular
contribution to the development and administration of this highly
specialised unit the Court recommends that the claim be treated as
a minor claim under Section 3.6 of the Elaboration of Clause 3 of
the Agreement on Pay in the Public Service and conceded personally
to the ward sister named by the Union.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD90348 RECOMMENDATION NO. LCR13025
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: HOLLES STREET HOSPITAL
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
IRISH NURSES ORGANISATION
SUBJECT:
1. Claim on behalf of the ward sister in the Neonatal Unit and
Neonatal Intensive Care Unit for regrading/re-classification to
that of unit nursing officer.
BACKGROUND:
2. The worker concerned was appointed to her present position as
ward sister following a public competition in 1977. The post at
issue is that of Post-Natal Intensive Care Unit. The Unit
consists of 31 cots and the current staff complement is 1 ward
sister, 5 junior ward sisters and a further 20 staff including
trainee nurses etc. The ward sister reports to one of the
Hospitals assistant matrons.
3. In July, 1989 following a review of the working conditions,
duties, responsibilities etc. of the ward sister, the Organisation
lodged a claim for regrading to the grade of unit nursing officer.
The Hospital rejected the claim (The salary for ward sister ranges
from #13,636 to #15,096; the salary of unit nursing officer ranges
from #14,503 to #15,702).
4. The issue was referred to the conciliation service of the
Labour Court on 8th November, 1989. A conciliation conference was
held on 11th June, 1990 (a date suitable to the parties). As no
agreement was reached the parties consented to a referral to the
Labour Court for investigation and recommendation. A Court
hearing was held on 30th August, 1990.
ORGANISATION'S ARGUMENTS:
5. 1. The post of ward sister exists throughout the Health
Services and is generally recognised as being that of middle
manager. The ward sister has responsibility for a fixed
number of staff, specific number of patients and for the
nursing management of their care in accordance with the
consultants under whom they are admitted. The ward sister's
post is somewhat standardised and is understood, in general
terms, to be that of being a ward sister in a Medical Ward or
Theatre. The analogous grades in maternity hospitals would be
ante-natal, post-natal or labour ward sisters. Traditionally
the ward sister reports to an assistant matron or matron.
2. From the early 1970's, in response to growing complexity
of the services, an intervening post of unit nursing officer
was created in the larger establishments to allow for a more
efficient administration flow. The unit nursing officer is
normally associated with responsibility for co-ordinating the
role of ward sisters in a small number of units. There is no
unit nursing officer position in Holles Street.
3. In 1977 the worker concerned was appointed to the neonatal
unit which incorporated a small intensive care unit. In
recent years, driven by rapid changes in technology, the
Neonatal Intensive Care Unit has taken on an existence of its
own and is now regarded as one of (if not the singular) most
important unit of its kind in the country. The administration
of this unit from a nurse management point of view requires
additional skills, additional knowledge, a high level of
dedication and a committed and specially trained nursing
staff. Since the ward sister's appointment her skills,
knowledge and responsibility have broadened so much (details
supplied to the Court) that she is now regarded as the most
highly trained neonatal intensive care nurse in the country.
It is the Organisation's view that her job now bears little
relationship to that to which she was appointed.
4. Since it would be acknowledged as inappropriate from an
organisational point of view to have the ward sister in
question re-graded to a post of assistant matron - either in
title or in salary - the Organisation is seeking to have her
position re-classified to that of unit nursing officer with
the appropriate salary adjustment with effect from 1st July,
1989 (date claimed lodged).
HOSPITAL'S ARGUMENTS:
6. 1. The post in question has been examined by the Department
of Health, who in its report, rejected the upgrading of the
post on the grounds that a unit nursing officer has
responsibilities for the nursing services in a group of wards
or departments rather than individual units, and more staff
responsibilities than a ward sister (details supplied to the
Court).
2. The staffing structure is similar to that in the other
major maternity hospitals. The other maternity hospitals in
Dublin do not have unit nursing officers in their Post-Natal
Intensive Care Units. In both cases the senior grade is that
of ward sister which is also the case in Holles Street.
3. The Organisation has submitted a claim on behalf of
general nurses for a comprehensive gradings and differential
review and it is management's view that any claim relating to
further improvements in the employment conditions of nurses
should come within the ambit of this claim.
4. Because of increases being paid to nurses under clause 3.3
and clause 3.4 of the Elaboration of the Agreement on Pay in
the Public Sector, this claim falls within the terms of clause
3.5 of the Elaboration. Under this clause the agreed position
is that claims such as the present one may not be processed to
finality until after March 31, 1991. Concession of this type
of cost increasing claim could have costly repercussions not
alone within the Hospital concerned but also throughout other
hospitals.
RECOMMENDATION:
7. The Court has considered the submissions made by the parties
and notes that all the criteria which one normally required for
the establishment of the post of unit nursing officer do not exist
in this case. However having regard to the workers particular
contribution to the development and administration of this highly
specialised unit the Court recommends that the claim be treated as
a minor claim under Section 3.6 of the Elaboration of Clause 3 of
the Agreement on Pay in the Public Service and conceded personally
to the ward sister named by the Union.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
26th September, 1990. Deputy Chairman
M.D./J.C.