Labour Court Database __________________________________________________________________________________ File Number: CD912 Case Number: LCR13249 Section / Act: S67 Parties: SOUTH EASTERN HEALTH BOARD - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;THE PSYCHIATRIC NURSES ASSOCIATION OF IRELAND |
Dispute concerning night duty supervision, breach of agreement and loss of three day's pay.
Recommendation:
6. The Court has considered the submissions made by the parties.
Having regard to the issues raised the Court in the first instance
is of the opinion that the terms of the 1988 agreement does not
confer a permanent right on any particular grade of staff to any
particular duty roster.
In the situation at present obtaining in the hospital the Court is
of the opinion that the Board is not in breach of the agreement.
Having regard to the changed circumstances since 1988 it seems
clear that a change to the staffing agreement is warranted. If
such changes give rise to clear and quantifiable losses to the
grade of staff concerned the Court recommends that detailed
negotiations on that issue be held.
On the specific issue of the loss of pay of one individual nurse,
the Court in light of the notice provided does not recommend
reimbursement.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD912 RECOMMENDATION NO. LCR13249
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: SOUTH EASTERN HEALTH BOARD
(ST. CANICE'S HOSPITAL, KILKENNY)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
THE PSYCHIATRIC NURSES ASSOCIATION OF IRELAND
SUBJECT:
1. Dispute concerning night duty supervision, breach of agreement
and loss of three day's pay.
BACKGROUND:
2. The grade of Assistant Chief Nursing Officer (A.C.N.O.) was
introduced into the psychiatric service in the early 1970's
together with that of a single head of nursing (Chief Nursing
Officer). The A.C.N.O. grade was introduced in order to replace
the old traditional grades of head night nurse, deputy head night
nurse, deputy matron and deputy head male nurse and to create an
integrated nurse management team with unified responsibility for
all staff. In 1987 St. Canice's Hospital employed seven
A.C.N.O.'s, this reduced to five in 1989 and four in 1990 (3
permanent and 1 temporary). Relief staff are engaged to
facilitate off duty for the workers. The roster for the staff is
2 staff to day duty and 2 staff to night duty. Of the 3 permanent
A.C.N.O.'s one is currently assigned to the development of
community services outside of the hospital.
3. The Board maintains that the needs of the service require the
A.C.N.O. grade to work day duty only and negotiations have been
taking place since 1987 in all the psychiatric hospitals with a
view to redeploying the A.C.N.O. grade from night duty to day
duty. Agreement has been reached on this redeployment in two
hospitals and the Board wishes to also achieve this redeployment
in St. Canice's. An agreement of 8th June, 1988 between the Board
and the Unions in relation to St. Canice's provides for the
retention of A.C.N.O.'s on night duty. The Unions maintain that
the Board has breached this agreement as on Friday 31st August,
1990 one of the A.C.N.O.'s received a written letter informing him
that he would be returning to day duty on 4th September, 1990.
The worker concerned contacted his Union (S.I.P.T.U.), which
informed him that in view of existing agreements he should
maintain the 'status quo.' The worker concerned continued to
report for night duty with effect from 6th September, 1990 for
three nights. The Board's position was that in doing so the
worker failed to report for his rostered day duty rota and
therefore deducted this time (i.e. three days) from his salary.
This was unacceptable to the Unions and the issues were referred
to the conciliation service of the Labour Court on the 13th
September, 1990. Conciliation conferences were held on 19th
September, 1990 and 6th December, 1990. At conciliation it was
agreed to reassign the worker concerned to the night duty rota for
a period of one month while discussions were taking place. The
Unions' position is that the A.C.N.O.'s are entitled to night
duty, that the Board's action in removing the A.C.N.O. concerned
from night duty was a breach of agreements and the worker should
have the three day's pay restored. The Board's position is that
A.C.N.O.'s should be redeployed to day duty in order to meet the
needs of the service and that services at night can be managed by
the nursing officer grade. However, the Board states that it did
not breach the agreement of 8th June, 1988 and that in fact
extensive consultations have taken place and that the A.C.N.O.
concerned was rostered to day duty in accordance with normal
practice as he had completed his turn of accepted night duty.
Further, that salary deductions had to be made because he did not
report for his rostered day duty rota. Agreement could not be
reached at conciliation and on 20th December, 1990 the matter was
referred to the Labour Court for investigation and recommendation.
The Court investigated the dispute on 19th February, 1991.
UNIONS' ARGUMENTS:
4. 1. On appointment to St. Canice's Hospital, appointees
committed themselves to one year's continuous night duty, no
other psychiatric hospital in Ireland had similar conditions
(details supplied to the Court). It was clearly agreed in the
A.C.N.O.'s job description that the grade would provide a 24
hour supervisory service, thus giving a night duty premium
entitlement. In 1987 management initiated discussions on
night duty supervision for A.C.N.O.'s. However, in June, 1988
agreement was reached and confirmed by letter of 8th June,
1988 to the effect that permanent A.C.N.O.'s had first call on
night duty (details supplied to the Court). This agreement
was reaffirmed in late 1989 and operated satisfactorily until
August, 1990. Access to night duty earnings is an integral
part of the ongoing salary of an A.C.N.O., and management has
always sought to have these earnings taken into account when
salaries are determined. Withdrawal of night duty from
A.C.N.O.'s would impose a reduction in salary of over #3,000
per annum.
2. The stated intention of management is to take A.C.N.O.'s
off night duty and to replace them with charge nurses. It is
accepted by all, including the Board, that the grade of
A.C.N.O. perceives itself and is perceived by all to be part
of management. The Board's intention will create a very
serious situation where the period from 8 p.m. to 8 a.m. is
devoid of nurse management presence. In addition, it has
consistently been argued that where nursing officers are
assigned the role of the A.C.N.O. grade they must be deemed to
be "acting up" and paid accordingly. The Board obviously for
financial reasons, does not appear to accept this position.
3. The Board's instructions of 31st August, 1990 to the
A.C.N.O. concerned, that he would no longer be eligible for
night duty earnings was in breach of agreements. The Board
had initiated discussions on the issue of night duty and put
forward a proposal on 4th May, 1990, however at that meeting
the Board "undertook to abide by existing agreements and to
maintain the 'status quo'" pending the conclusion of an
agreement (details supplied to the Court). This is in
accordance with the stated policy of the Board as enshrined in
the 1989 "Draft policy document on disciplinary and grievance
procedures." The instruction issued on 31st August, 1990 was
also contrary to the June, 1988 agreement as it sought to
permanently deprive the A.C.N.O.'s from night duty earnings.
The Board's actions were in breach of the agreements and the
A.C.N.O. who was deducted three days pay should have this pay
restored. As the A.C.N.O. grade was established and deemed
necessary for the purpose of providing a 24 hour supervisory
cover there is now no valid reason for changing this policy.
The Board should restore fully all existing agreements in
relation to night duty supervision.
BOARD'S ARGUMENTS:
5. 1. The reduction in staffing levels for this grade coincided
with a reduction in the number of patients resident in
psychiatric hospitals. Negotiations have been ongoing since
early 1987 in all the psychiatric hospitals to facilitate the
redeployment of the A.C.N.O. grade from night duty to day duty
to meet the changing needs of the service. The Board is
satisfied that the service needs can be adequately met by the
A.C.N.O.'s retained in the services, provided their
co-operation can be obtained to the necessary redeployment.
Irrespective of past practices the Board now needs to commit
this grade fully to day duty, to oversee planned developments
which almost exclusively take place during the day when other
members of the team are available. Redeployments to date have
been achieved without giving rise to compensation and in any
event continued access to night duty could never have been
guaranteed. The Board is satisfied that the services at night
can be managed by the nursing officer grade and has secured
their co-operation in this respect.
2. The Board has always acknowledged the agreement of 8th
June, 1988 and has not sought to remove the A.C.N.O. grade
from night duty in an arbitrary fashion, instead extensive
consultation including two conciliation conferences have been
undertaken to date. This approach was in direct response to
the Board's stated commitment given in early 1988 when the
Board agreed not to arbitrarily disimprove the conditions of
the A.C.N.O. grade. What the Board is now seeking is a new
agreement which will allow the Board to fully utilise the
skills and administrative ability of A.C.N.O.'s. In relation
to the deduction of three days pay from an A.C.N.O., in doing
so the Board acted in accordance with stated policy in
refusing to pay him for absences on his rostered day duty
rota. The Board regrets having had to make this decision but
no option was left open to the Board at that time.
RECOMMENDATION:
6. The Court has considered the submissions made by the parties.
Having regard to the issues raised the Court in the first instance
is of the opinion that the terms of the 1988 agreement does not
confer a permanent right on any particular grade of staff to any
particular duty roster.
In the situation at present obtaining in the hospital the Court is
of the opinion that the Board is not in breach of the agreement.
Having regard to the changed circumstances since 1988 it seems
clear that a change to the staffing agreement is warranted. If
such changes give rise to clear and quantifiable losses to the
grade of staff concerned the Court recommends that detailed
negotiations on that issue be held.
On the specific issue of the loss of pay of one individual nurse,
the Court in light of the notice provided does not recommend
reimbursement.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
8th April, 1991. Deputy Chairman
U.M./J.C.