Labour Court Database __________________________________________________________________________________ File Number: CD91266 Case Number: LCR13363 Section / Act: S67 Parties: PUBLIC VOLUNTARY HOSPITALS - and - IRISH NURSES ORGANISATION |
Claim by the Union concerning a number of issues pertaining to salary and conditions of employment of nurse tutors and clinical teachers.
Recommendation:
5. The Court has considered the submissions made by the parties
in respect to the claim. It is satisfied that no valid case can
be sustained for the separate determination of the Pay and
Conditions of Nurse Tutors or the establishment of relativities
with groups outside the nursing profession. Should any changes in
the specific conditions of nurse tutors or any changes in their
relative salaries within the context of the professional
structures of salaries and conditions be warranted the Court is of
the opinion that these should best be considered as part of the
current overall review being undertaken by An Bord Altranais.
Claims for access to study leave and increases annual level should
similarly be dealt with.
On the claim for the abolition of grade 3 posts the Court
recommends that the hospitals should now consider the claim to
have been served formally and should deal with it directly without
further delay.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD91266 RECOMMENDATION NO. LCR13363
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: PUBLIC VOLUNTARY HOSPITALS
LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
IRISH NURSES ORGANISATION
SUBJECT:
1. Claim by the Union concerning a number of issues pertaining to
salary and conditions of employment of nurse tutors and clinical
teachers.
BACKGROUND:
2. On 19th December, 1989, the Irish Nurses Organisation (I.N.O.)
served a claim for the restructuring of the grading of
tutors/clinical teachers, together with the abolition of the grade
3 posts as has occurred in the psychiatric service. The I.N.O.
see the grading as being in line with that of lecturers in third
level colleges. The I.N.O. also claimed access to a minimum of 2
weeks study leave per year and an increase in annual leave to that
enjoyed by third level lectures. The claim was rejected by the
Management Side as the terms of the Programme for National
Recovery debarred claims of a cost increasing nature. As no
agreement could be reached locally the matter was referred to the
Conciliation Service of the Labour Court in January, 1990. At a
conciliation conference held on 21st August, 1990, the Management
Side pointed out that a review of nurses' pay was being carried
out and that it would be advisable to await the completion of this
review. This was not acceptable to the Organisation and in May,
1991, the matter was referred to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 11th July, 1991.
I.N.O.'S ARGUMENTS:
3. 1. Throughout the processing of this claim the Management
Side have maintained that the most appropriate forum for this
matter is the Conciliation and Arbitration Scheme for Health
Service workers. The Organisation rejects this on a number of
grounds. Of the 29 schools affected by the claim 22 are
voluntary hospitals. Therefore, of the 150 people involved,
120 are employed by voluntary hospitals and have access to the
Court for determining their conditions of employment. The
Court has already seen fit to rule on the conditions of nurse
tutors in the psychiatric service (L.C.R. 5660 refers). The
claim also wishes to remove the tutors/clinical teachers from
the "health arena" for pay determination. The aim of the
claim is to place the grades under the category of
educationalists not nurses. The Conciliation and Arbitration
Scheme would be too narrow in its approach. It is more
appropriate to determine the pay of these grades by external
comparison to other teachers and not just by internal
comparison with the staff nurse grade as has been the case.
2. Tutors/clinical teachers are educationalists. Although
they are trained nurses, they do no "nursing." Their entire
working week is spent teaching the theoretical aspects of
nursing. The Organisation seeks to equate these grades with
recognised grades in the Regional Technical Colleges (R.T.C.)
structure as follows:
- Principal Tutor (G1 and G2) to have parity with
Senior Lecturer 1 in R.T.C.'s (#23-294 - #28,837 x 8
points).
- Principal Tutor (G3) to become Lecturer scale 1 in
R.T.C.'s (Top 6 points only, #21,285 - 24,866 x 6
points).
- Clinical Teacher to have parity with College Teacher
in R.T.C.'s (Top 8 points only #17,883 - #22,131 x 8
points).
3. The Organisation believes regrading as claimed is
justified for a number of reasons. A degree level
qualification is now required for entry to nurse teaching.
The students involved are very much third level having regard
to their previous educational achievements. The work content
of the roles is readily identifiable and similar. Nurse
teachers also have a greater level of class contact time than
college lecturers.
4. The Organisation also claims that the principal tutor
grade 3 post should be abolished as has already occurred in
the psychiatric service. Nurse teachers in the psychiatric
service are either on grades 1 or 2. The abolition of grade 3
did not occur in the other nursing disciplines. This has
resulted in grade 3 teachers in the other nursing disciples
being almost #800 per year, at the maximum of scale, worse off
than their psychiatric counterparts performing the same type
of work. This represents a considerable loss over the years
and the organisation claims that grade 3 posts should
immediately be regraded to grade 2.
5. Due to a shortage of nurse teachers and the length of
their working year i.e., 46 weeks, there is limited access to
study leave. There should be included in each nurse teacher's
contract of employment a clause which allows access to a
minimum of 2 weeks study leave per annum as occurs with
medical and other staff.
6. The Organisation seeks parity of annual leave for nurse
teachers with that enjoyed by college lecturers. This claim
seeks to place nurse teachers in the role as teachers of third
level students. At present they work in excess of 12 weeks
more than others in the third level education area. It is
most unfair to expect them to work longer hours per week and
longer weeks per year than any other lecturer grade.
7. The Organisation's claims flow from a deeply felt view
that the nurse teachers are no longer "nurses" but
"educationalists." Theoretical instruction is their core
function. They have no clinical function. As this claim
seeks parity with workers in the educational area it is most
appropriately dealt with seperately from the broad
clinical/administrative claim which is currently being
processed under the Conciliation and Arbitration Scheme. As
the claimants are predominantly employed in voluntary
hospitals, they have access to the Court.
8. The Organisation accepts that any increases resulting from
a favourable recommendation would fall under Clause 3.5 of the
Public Service Pay Agreement under the Programme for Economic
and Social Progress (P.E.S.P.). As there are only 150 workers
involved in the claim the overall cost of concession would be
quite small in total terms and lessened due to phasing. The
P.E.S.P. does not prohibit the processing of this claim.
MANAGEMENT'S ARGUMENTS:
4. 1. The Management Side believes that the Organisation's
claims should be processed as part of their claim for "... a
comprehensive gradings and differentials review ... for all
grades within nursing..." which is currently being processed
under the Conciliation and Arbitration Scheme. Nurse
teachers, being an integral part of the profession have always
had their pay and conditions determined within the context of
nursing. To adjudicate on an individual grade claim outside
of the present central discussions would set a precedent for
other grades to follow.
2. If the claim for parity is successful, it will result in
serious distortion of pay differentials within nursing and
would lead to claims from other nursing grades. For example,
the claimants would end up being paid more than the salary
attached to the grade of Matron/Director of Nursing who has
responsibility for the control and co-ordination of nursing
and nurse education services in the hospital. This example
shows the difficulties in dealing with claims in isolation
from claims for the general body of nurses and shows why the
pay of nurses has been determined on a composite basis in the
past. It also shows the problems of conceding a claim for
determining the pay of any grade by reference to an outside
comparator.
3. Consideration must be given to the educational
qualifications required for appointment to the posts of nurse
teacher and college lecturer. The vast majority of college
lecturers hold post graduate qualifications i.e.
Masters/P.H.D.'s. The requirements are not as onerous in
respect of nurse teachers. Entry to their profession is open
to any nurse with 3 years nursing experience. A 3 year degree
course was introduced in 1984 and therefore the first nurse
teachers did not emerge from this course until 1987. The vast
majority of nurse teachers are diploma holders. In accordance
with An Bord Altranais rules a 2 year training period is still
sufficient for admission to the Tutors Division of the
Register.
4. Currently, the 3 years training of a nurse requires 28
weeks classroom/theoretical teaching. Training is in fact an
apprenticeship arrangement whereby a greater proportion of the
training is "learning on the job." Student nurses occupy a
dual role of trainee and employee.
5. Under Clause 3 of the P.E.S.P. Agreement on Pay and
Conditions an increase of 3% only, above annual wage increases
may be negotiated and implemented not earlier than the 3rd
year of the Agreement for the public sector group. In view of
the existing difficulties in the public finances any
additional costs can only deepen the crisis.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties
in respect to the claim. It is satisfied that no valid case can
be sustained for the separate determination of the Pay and
Conditions of Nurse Tutors or the establishment of relativities
with groups outside the nursing profession. Should any changes in
the specific conditions of nurse tutors or any changes in their
relative salaries within the context of the professional
structures of salaries and conditions be warranted the Court is of
the opinion that these should best be considered as part of the
current overall review being undertaken by An Bord Altranais.
Claims for access to study leave and increases annual level should
similarly be dealt with.
On the claim for the abolition of grade 3 posts the Court
recommends that the hospitals should now consider the claim to
have been served formally and should deal with it directly without
further delay.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
9th August, 1991 Deputy Chairman.
B.O'N./J.C.